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Board of Adjustments Minutes October 27, 1998 Page 2 • deck would be considered a structure and would then need to be placed 5 feet away from the house. Steve suggested the applicant construct a concrete or brick patio, which could be placed 5 ft. from the property line. There being no one else wishing to speak on this issue, Chair Mesich closed the public hearing. COMMISSIONER TOMPSON MOVED DENIAL OF THE SIDE YARD SETBACK VARIANCE REQUESTED BY RICH AND TAMMI SCHMIDT, PUBLIC HEARING CASE NO. V 98-12, BASED ON THE FOLLOWING FINDINGS: 1. 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. 2. 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. 3. 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 ADHERE TO THE NEW SETBACKS AND MAKE ADJUSTMENTS TO PLANS TO ACCOMMODATE THEM.THE SETBACKS WERE PUBLIC INFORMATION WHEN THEY PURCHASED THEIR HOME. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. AGAIN,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. COMMISSIONER COTE SECONDED THE MOTION. THE MOTION CARRIED 6-0-1. Commissioner Schuster abstained, as he was not present for the full discussion of this item. Chair Mesich indicated that this item will be considered by the City Council at the November 16, 1998, Council meeting. 6. Adiournment There being no further business, COMMISSIONER COTE MOVED TO ADJOURN THE MEETING. COMMISSIONER THOMPSON SECONDED THE MOTION. THE MOTION • CARRIED 7-0.