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Phone Record
Gary Duncan call to Rex Neal
April 11, 2007 1630 or 1645
1. Reviewed options related to dedication ofright-of--way as a condition of his use
variance.
2. I explained that he could apply for a variance or commit to dedicate the right-of-
way if ever needed by the City.
3. In response to his question "What would I do in his situation?" I explained that I
would weigh the cost of the variance application versus the cost of the land
encumbered by the Thoroughfaze Plan and outside of the existing right-of--way. I
stated that if there was no additional cost for a second variance request, that he is
out nothing to request the variance. I stated that I was unawaze of the "success
rate" as it were of such vaziance requests and that I was unsure as to how the BZA
typically votes for such requests. If there was a cost associated with the second
variance; then I would weigh the value of the land to be dedicated against the cost
of the application.
4. I explained that if he were not seeking the use variance that he would not need to
dedicate the land and that the City would need to approach him to purchase the
right-of--way if needed for a future road project.
5. I explained that Staff would not support the variance request due to the cost to
acquire this land (the future land costs and the costs associated with establishing
the value of the land and to make and offer and transfer the property).
6. I provided some reasons for which he could use in support of the variance,
including sometimes the right-of--way needs for physical construction is less than
the Thoroughfare Plan right-of--way. However, by not having a firm road design,
it is hazd to say and that in some instances, the Thoroughfaze Plan right-of--way is
not adequate. Most times we struggle to fit the planned roadway in the existing or
the Thoroughfare Plan right-of--way and need to obtain more (usually for grading).
7. We reviewed that the Thoroughfaze Plan does encumber property. I reviewed that
if a developer were to consider acquiring blocks of land to develop, that
sometimes they do not place a value on the land encumbered by the Thoroughfare
Plan because they know they will need to dedicate this land to the City as right-
of-way. I agreed that, unfortunately, the Thoroughfaze Plan can make the land
valueless in some cases but it is still up to negotiations with the purchaser and that
he would not be obligated to sell to the purchaser.
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