09-29-1998 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes September 29, 1998 Page 2 SVice Chair Cote opened the public hearing. There being no comments from the public, Vice Chair Cote closed the public hearing. COMMISSIONER KUESTER MOVED APPROVAL OF THE VARIANCE REQUEST BY MIDWEST BUILDING COMPONENTS, PUBLIC HEARING CASE NO. V 98-11, BASED ON THE FOLLOWING FINDINGS, AND THE FACT THERE WAS NO OPPOSITION EXPRESSED DURING THE PUBLIC HEARING: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. EXISTING BUILDINGS IN THE DOWNTOWN DO NOT MEET THE REQUIRED SETBACK. 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. THERE ARE NO OTHER VACANT LOTS IN THE DOWNTOWN. THE LOCATION AS PROPOSED BY THE APPLICANT WILL BE IN LINE WITH OTHER BUILDINGS IN THE IMMEDIATE 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. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A • CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. THE CONDITIONS ARE DUE TO THE TRAFFIC PATTERNS AND STREET GRID IN THE DOWNTOWN. 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 CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 4-1. Commissioner Thompson opposed. 3.2. Jon and Jill Varty Request for Variance, Public Hearing Case No. V 98-7 Staff report by Steve Wensman. Jon and Jill Varty have requested a variance from the maximum accessory structure area in the R 1 a zone. They recently purchased the 21.2 acre hobby farm located at 13192 192nd Avenue NW,with 6 existing greenhouses, a small detached garage, a pole building and house. All the detached structures are used for business purposes,which leaves the applicant without a garage for residential purposes. The property is a grandfathered agricultural use (produce farm) within the Rib zone. The applicant proposes to add on to the existing house and add a tuck-under garage. Staff recommends approval of the request based on the findings in the staff report. Vice Chair Cote opened the public hearing.