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Area Board of Zoning Appeals -April 7, 2D l Q <br />MR. LYONS: If they change the existing lot lines, he has to have the Special Exception. <br />MR. URBANSKI: The existing Iot Iine goes through the center of it. <br />MR. LYONS: Let me explain the situation. If they move those Iot lines and the Special Use is denied, they <br />now lose the right to use that as a duplex. <br />MR. URBANSKI: Okay, so if we approve this change and they go to the City Council and the City Council <br />turns them down, if send it with. no recommendation and approving the variances and it goes to the City <br />Council, to Ann, and the City Council turns it down. They lose the non-conforming issue on ti? <br />MR. LYONS: At that point they just would not submit a subdivision. They can not do a subdivision without <br />that Special Exception. <br />MR. URBANSKI: Without a Special Exception .from us and the City. <br />MR. LYONS: The variances would be irrelevant without the subdivision. <br />MR. URBANSKI: Well I was trying to think of a way to clean up the mess because part of this... but that <br />will not work in this case? Okay any other questions before we call for the vote? <br />MR MATTHYS: So if there's na variance, if the left it the way it is, would there be any variances needed if <br />they weren't creating the three separate parcels? <br />MR. URBANSKI: Well really there should be because, as you see that, it goes all the way through here <br />(Mr. Urbanski showed Mr. Matthys something on the site plan at this time) <br />MR. MATTHYS: Okay I understand. <br />MR. PHIPPS: They wouldn't need them because they're not changing anything. <br />MR. URBANSKI: Today's it's grandfathered but that going to have to be needed whether God forbid the <br />duplex burns down, or something happens to one of the houses, it's going to have to be straightened up <br />someday. What I don't quite understand, and correct me if I'm wrong, he purchased and this is relevant to <br />the vote, he purchased all three properties, nothing was said then that that Iine went right through the center <br />of that duplex? That would not have ...? <br />MR. LYONS: He purchased a legal non-conforming situation. And that Iegal non-conforming situation can <br />remain as long as it remains as purchased and continuously rented and occupied. If you change a legal non- <br />conforming situation, you now must bring everything into compliance. <br />$4 <br />