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Applicant says he bought Kimball Road lot quickly and disputes self-creation finding
Summary
Michael Spear told the board he made a quick purchase because of a backup offer and disputed staff's conclusion that the lot's development problem was "self-created," saying he acted in good faith and that planning staff had informed the listing agent.
Michael Spear, the purchaser and applicant for the Kimball Road parcel, told the board he closed on the property quickly because of a backup offer and said he "didn't feel I had a lot of choice" in completing the sale. Spear argued he did not "self create the problem" and said the transaction was rushed.
During the hearing Spear reiterated that he had purchased the lot with limited time to investigate and that planning staff contacted the listing agent about the lot condition. He told the board, "I had no knowledge of the lot and had a very quick closing," and added that staff called the agent to inform him about the condition. He said those facts shaped his decision.
Spear's statements were central to the board's debate over whether a purchaser's knowledge of a preexisting platting problem counts as a self-created practical difficulty; the city attorney framed the legal rule such that actual knowledge prior to closing typically weighs toward self-creation. Spear may choose administrative remedies or legal appeal following the denial.
