04-22-1997 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes April22, 1997 Page 3 • 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. OF THE 7 OTHER HOMES ON THIS CUL DE SAC, 6 OF THEM HAVE DECKS/PORCHES ATTACHED TO THE REAR OF THE HOUSE. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.THE HOUSE WAS LOCATED ON THE LOT IN SUCH A WAY THAT IT WOULD COMPLY WITH THE SETBACK REQUIREMENTS IN EFFECT AT THE TIME THE HOUSE WAS CONSTRUCTED. AFTER THE HOME WAS CONSTRUCTED,THE CITY INCREASED THE REAR YARD SETBACK. 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 COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0. 3 �" • y L&4tas rt d Ll*pity C fore lance it cturat tQndcrO an 1 t irks . f Puy . Hearn® dar6NoN 97 y T?.W. Staff report by Steve Ach. L&W Limited Liability Company has requested a • variance to the commercial architectural standards and the 10 foot parking setback requirement. Commercial performance standards require 75%of approved materials and the building as proposed has approximately 20%of the approved materials. The required 10 foot parking setback was approved on the site plan two years ago and staff feels conditions have not changed to justify a variance. Chair Anderson opened the public hearing. Paul Bell, owner of the Bridgeman's Restaurant at 17323 Highway 10, explained problems with a drainfield easement between his property and the L&W site. Steve Ach noted resolving of the easement issues could be addressed as a condition for approval of the conditional use permit. There being no further comments from the public, Chair Anderson closed the public hearing. Commissioner Kuester felt the architectural standards for the west side of the proposed building facing the adjacent restaurant should be upgraded and additional overstory trees be required as a buffer between the two buildings. Commissioner Mesich and Chair Anderson expressed their agreement the style of the proposed building could be similar to the existing structure, but felt the commercial architectural standards should be applied to the building exterior. The Board discussed the Comprehensive Plan's goals to enhance the standards • along east Highway 10. Therefore, they felt the building should meet the current architectural standards.