08-26-1997 BA MIN - Laserfiche WebLink

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Board of Adjustments Meeting Minutes August 26, 1997 Page 5 • AND,THE PLANNING COMMISSION RECOMMENDS THE VARIANCE APPLICATION FEES BE APPLIED TOWARD A REZONING APPLICATION, IF THE APPLICANT CHOOSES TO PROCEED WITH SUCH A REQUEST. CHAIR ANDERSON SECONDED THE MOTION. THE MOTION CARRIED 7-0. 4.5. Barry Brooks Request for Variance, Public Hearing Case No V 97-10 Scott indicated Barry Brooks, 19215 Tyler Street, has requested a variance to allow more than 2 detached accessory structures and to exceed the maximum square feet allowed for accessory structures by 2,232 square feet. Approval of Mr. Brooks' request would allow the construction of a 60' x 30' greenhouse. This request came as a result of a complaint by a neighbor who was concerned the applicant would be operating a commercial greenhouse business. Chair Anderson opened the public hearing. Barry Brooks, applicant, indicated the greenhouse will only be used for growing plants and there will be no on-site sales. Mr. Brooks indicated he has spoken with his neighbors and only one neighbor has expressed an objection. Marcia Moen, 19227 Tyler Street, expressed her objection to the greenhouse. Ms. Moen stated she would like the neighborhood to remain residential only and felt the placement of the greenhouse affected her view. The applicant indicated a new home is under construction which will be located between Ms. Moen's property and the greenhouse. Discussion followed regarding whether the greenhouse should be considered a temporary structure or a permanent structure. It was the consensus of the Commissioners and staff it should be considered permanent, since the poles would be cemented in place, and would be served by water and electricity. COMMISSIONER SULLIVAN MOVED APPROVAL OF THE VARIANCE REQUEST BY BARRY BROOKS, PUBLIC HEARING CASE NO. V 97-10, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT NEEDS THE GREENHOUSE TO HAVE A SUCCESSFUL OPERATION. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY AND NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS IN THE SAME AREA. BECAUSE THE SIZE OF THE LOT IS SUCH THAT THE APPLICANT COULD NOT BREAK EVEN WITHOUT THE GREENHOUSE 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.THERE ARE OTHER AGRICULTURAL USES IN THE AREA,