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City Council Minutes <br />October 20, 1997 <br /> <br />Page 11 <br /> <br />and is proposing to construct a 50 x 80 foot pole building to store recreation and <br />construction equipment. He indicated that the applicant is proposing to <br />combine his two lots. Once the lots are combined his lot will be 14.24 acres in <br />size. Scott Harlicker indicated that the Board of Adjustments voted to deny the <br />variance request as it did not feel that the applicant met the five criteria needed <br />for a variance. <br /> <br />Planning Commission Representative Doran Cote indicated that although the <br />Board denied the variance, it appreciated Mr. Smith's situation in that he had a <br />lot large enough to accommodate the pole building. He further indicated that <br />the Board recommended that the applicant either request an ordinance <br />amendment to address this type of situation or a rezoning of the property to R1 a. <br /> <br />Mayor Duitsman opened the public hearing. <br /> <br />Tim Smith, property owner, indicated that because he has the amount of <br />acreage that he owns, he feels it is unfair to expect him to comply with the <br />square footage requirements for accessory buildings designed for smaller sized <br />lots. <br /> <br />Tim Smith responded to the five criteria indicating the following. <br /> <br />· He is being caused an undue hardship by having to store his personal items <br /> outside. <br />· A house cannot be constructed where pole barn is proposed to be <br /> constructed due to the soil quality. <br />· He feels his rights as property owners are being infringed upon because four <br /> properties located within 1/2 mile of his home have pole barns. <br />· He stated that this is not a consequences of his own action because the City <br /> changed the zoning two years ago and he was unaware that this took place. <br />· He stated that only five neighbors will be able to see the barn. He feels his <br /> situation is unique and the neighbors do not object. <br />· The soil is only good for farming and he does intend to farm the property. <br />· The restrictions are unfair for large acreage property owners. The issue needs <br /> to be addressed as this will affect others. <br /> <br />Steve Ach stated that the Board of Adjustments has recognized these concerns <br />and the Planning Commission will be requesting the Council to consider an <br />ordinance amendment in the future. He further indicated that agenda item 6.16 <br />deals with this issue. The Council stated its desire to address Item 6.16. at this time. <br /> <br />COUNCILMEMBER HOLMGREN MOVED TO INITIATE AN ORDINANCE AMENDMENT <br />THAT WILL BASE THE SQUARE FOOTAGE ALLOWED FOR ACCESSORY STRUCTURES FOR <br />LOTS LOCATED WITHIN THE URBAN SERVICE AREA, ON THE SIZE OF THE LOT ON <br />WHICH THE STRUCTURE WILL BE LOCATED. COUNCILMEMBER FARBER SECONDED THE <br />MOTION. THE MOTION CARRIED 5-0. <br /> <br />COUNCILMEMBER HOLMGREN MOVED TO CONTINUE THE SMITH VARIANCE ISSUE <br />UNTIL OCTOBER 27, 1997, TO ALLOW THE PLANNING COMMISSION TIME TO <br /> <br /> <br />