11-23-1998 CC MIN - Laserfiche WebLink

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City Council Minutes November 23, 1998 Page 2 sewer and water. Additionally, it was noted that the applicants purchased their property on July 23, 1997. Steve Wensman indicated that staff and the Board of Adjustments recommends that the City Council deny the request for a 5 toot variance from the side yard setback requirements, based on four of the five criteria for granting a variance not being met. Mayor Duitsman opened the public hearing. There being no one for or against the matter, Mayor Duitsman closed the public hearing. COUNCILMEMBER THOMPSON MOVED TO DENY THE REQUEST FOR A ~5 FOOT VARIANCE FROM THE SIDE YARD BUILDING SETBACK MADE BY RICH AND TAMMY SCHMIDT OF 1126,5 192ND AVENUE NW BASED ON FOUR OF THE FIVE CRITERIA FOR GRANTING A VARIANCE NOT BEING MET. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE HARDSHIP BECAUSE THE APPLICANTS WISHES FOR A LARGER DECK DOESN'T CONSTITUTE A HARDSHIP. A DECK CAN STILL BE BUILT. FURTHERMORE, THE SLIDING DOOR IS ONLY A FEW FEET OFF THE GROUND AND THE APPLICANT COULD BUILD STEPS OFF THE SLIDING DOOR TO A PATIO RATHER THAN A DECK AND NOT HAVE TO WORRY ABOUT SETBACKS. A GROUND LEVEL PATIO MIGHT OFFER MORE PRIVACY AS WELL. STAFF CANNOT ACCOUNT MISINFORMATION GIVEN AS IT IS UNDOCUMENTED. FINANCIAL HARDSHIP IN THIS CASE DOES NOT CONSTITUTE A HARDSHIP. o THE HARDSHIP IS NOT CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR STRUCTURE IN THE SAME AREA. OTHER PROPERTIES IN THE AREA HAVE THE SAME SETBACKS AND SIMILAR HOUSE PLANS. THE APPLICANTS CAN BUILD A DECK OR A PATIO, JUST NOT TO THEIR DESIGNS. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD NOT DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. OTHER PROPERTY OWNERS HAVE TO CONFORM TO THE SETBACKS. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE SETBACKS WERE PUBLIC INFORMATION AT THE TIME THE PETITIONERS BOUGHT THEIR HOME. THEY ARE STILL ABLE TO UTILIZE THE SLIDING DOOR WITH A DECK OR PATIO. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL IN KEEPING WITH SPIRIT AND INTENT OF THE ORDINANCE. THE NEIGHBORS SUPPORT THE VARIANCE HOWEVER, IT MAY BECOME A PRECEDENT FOR VARIANCES OF A SIMILAR NATURE IN THE AREA. COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. MAYOR DUITSMAN ABSTAINED.