10-28-1997 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes October 28, 1997 Page 3 . There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER MINTON MOVED APPROVAL OF THE VARIANCE REQUEST BY JANICE OLSON, PUBLIC HEARING CASE NO. V 97-18, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT THE BY REQUIRING THE APPLICANT TO COMPLY WITH THE EXISTING FRONT YARD SETBACK THE APPLICANT WILL ONLY BE ABLE TO CONSTRUCT A 26 FOOT WIDE HOUSE. 2. THE HARDSHIP IS 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. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. OTHER PROPERTIES IN THE NEIGHBORHOOD HAVE SIMILAR SETBACKS AS THE ONE REQUESTED BY THE APPLICANT. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.THE NEED TO REPLACE THE HOUSE AND FOUNDATION IS DUE TO AGE OF THE STRUCTURE AND WAS NOT CAUSED BY ANYTHING THE APPLICANT DID OR DID NOT DO. 5. 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. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4:4, E& 0 Tool :Plastics Reauest for Variance, Publi :Hearing Case..No V.97-19; Staff report by Steve Ach. E & 0 Tool and Plastics is requesting a 6 foot variance to the parking and driveway setback to expand their existing driveway in conjunction with a building addition. Steve explained the proposed location of the addition. Staff recommends approval based on the findings in the staff report. Commissioner Cote questioned whether there might be any drainage problems. Chair Anderson opened the public hearing.There being no comments from the public, Chair Anderson closed the public hearing. Commissioner Kuester questioned the lack of green space on the site. Steve explained E & 0 Tool is considering expanding the green space east of the building, adjacent to Industrial Boulevard, but they do not want to lose any of the parking stalls in that location.