04-22-1997 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes April 22, 1997 Page 2 • ACTION OR INACTION. IN THIS CASE IT IS THE APPLICANT'S CHOICE NOT TO MAINTAIN THE EXISTING GARAGE BUT TO REPLACE WITH A LARGER BUILDING. IT IS HIS DECISION TO REPLACE THE EXISTING GARAGE WITH A LARGER BUILDING THAT IS TRIGGERING THE NEED FOR A VARIANCE. 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.THE APPLICANT HAS FAILED TO SHOW THAT HE WILL BE DENIED RIGHTS ENJOYED BY OTHER PROPERTIES IN THE AREA IF HE IS UNABLE TO REPLACE THE EXITING GARAGE WILL A LARGER BUILDING. 4. THE APPLICANT COULD MAINTAIN THE EXISTING GARAGE WITHOUT THE NEED FOR A VARIANCE. COMMISSIONER MESICH SECONDED THE MOTION. THE MOTION CARRIED 6-0. Steve Ach noted this request will automatically be forwarded to the City Council for appeal at the May 19th City Council meeting. 3 2�5„. Request by 1 Scoff LaPlannte for Variorce to Rear and et c ck eub Imo, a Staff report by Scott Harlicker. Scott LaPlante, 13104 180th Lane NW, has requested a 5 foot variance to the required 20 foot rear yard setback in order to • construct a 14' x 14' porch. When the home was constructed, the minimum rear yard setback was 10' but was later increased to 20'. Chair Anderson opened the public hearing. There being no comments from the public, Chair Anderson closed the public hearing. COMMISSIONER MINTON MOVED APPROVAL OF THE REQUEST BY SCOTT LAPLANTE FOR A FIVE FOOT REAR YARD SETBACK VARIANCE, PUBLIC HEARING CASE NO. V 97- 2, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT THE HOUSE WAS CONSTRUCTED WHEN THE REAR YARD SETBACK WAS 10 FEET.THE HOUSE WAS SETBACK FURTHER THAN IT HAD TO BE AND COULD HAVE COMPLIED WITH THE REAR SETBACK REQUIREMENTS APPLICABLE AT THE TIME THE HOUSE WAS CONSTRUCTED. IF THE HOUSE WAS BUILT AT THE MINIMUM FRONT YARD SETBACK,THE HOME, INCLUDING THE PROPOSED DECK, COULD MEET THE REAR YARD SETBACK CURRENTLY IN EFFECT. 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.THE PROBLEM IS PECULIAR TO THIS LOT IN THAT THE OTHER HOMES ON THIS CUL DE SAC THAT HAVE DECKS HAD THE DECKS CONSTRUCTED AT THE TIME THE HOME WAS BUILT AND WERE BUILT ON LOTS THAT ARE DEEPER THAN THE APPLICANT'S. e