11-16-1998 CC MIN - Laserfiche WebLink

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City Council Minutes Page ? November 16, 1998 7.3. Request by Rich and Tammi Schmidt for Side Yard Variance, Public Hearinq Case No. V 7.4. 98-12 Planner Steve Wensman indicated that Rich and Tammy Schmidt, 11265 192nd Avenue NW, have requested a five foot variance from the side yard building setback requirements in order to construct a 12 foot deep deck. The applicant has stated that they were informed the setback was 5 feet, had plans prepared, and then were later told the side yard setback was 10 feet. Steve explained that it is his understanding that on March 18, 1996, the Rlo zoning requirements changed and the side yard setback changed from five feet to 10 feet. With a 10 foot side yard setback, the proposed deck can only be 7 feet deep, which is unacceptable to the applicants. The applicants state that they would not have spent money for a surveyor and contractor to prepare plans if they had known they could only build a 7 foot deep deck. Steve noted that the surrounding neighbors suppod the proposed deck and variance from the side yard setback. Steve indicated that staff does not support the variance due to the fact the applicants have other options, such as constructing a patio at ground level. He noted that the existing patio door is only 2 feet off the ground and a patio could be accessed by a couple of steps. Mayor Duitsman opened the public hearing. There being no comments from the public, Mayor Duifsman closed the public hearing. Discussion followed regarding the change in setback and if the change was made before or after the applicant purchased the home. It was the consensus of the Council to have staff research the issue further for discussion at the next Council meeting. COUNCILMEMBER FARBER MOVED TO POSTPONE THE REQUEST FOR A 5 FOOT SETBACK VARIANCE BY RICH AND TAMMI SCHMIDT, PUBLIC 'HEARING CASE NO. V 98-12 TO THE NOVEMBER 23, 1998, CITY COUNCIL MEETING, FOR FURTHER INFORMATION. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. Request for Final Plat Approval (Blackberry Hills), Case No. P 98-? Staff report by Scott Harlicker. Dynamics Design and Land Company is requesting final plat approval to subdivide 92 acres into 4 single family lots. Staff recommends approval of the request with the 14 conditions outlined in the staff report. COUNCILMEMBER DIETZ MOVED APPROVAL OF RESOLUTION NO. 98-127, A RESOLUTION GRANTING FINAL PLAT APPROVAL FOR BLACKBERRY HILLS, CASE NO. P 98-2, WITH THE FOLLOWING CONDITIONS: A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT APPROVAL AND NECESSARY ROAD CONSTRUCTION BE PREPARED AND EXECUTED PRIOR TO RELEASING THE PLAT FOR RECORDING. 2. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED. 3. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC IMPROVEMENTS BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING.