09-29-1998 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes September 29, 1998 Page 5 • 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE HARDSHIP. THE APPLICANT COULD MOVE ONE OF THE OTHER SIGNS TO A LOCATION THAT IS MORE VISIBLE FROM HIGHWAY 169. 2. 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 BUSINESSES ALONG HIGHWAY 169 MADE A MARKETING DECISION TO PLACE ONE OF THEIR ALLOWED SIGNS SO THAT IT WOULD BE VISIBLE FROM HIGHWAY 169. 3. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.THE FACT THAT THE APPLICANT DID NOT FORESEE THE IMPACT THE RETAIL CENTER WOULD HAVE ON THE VISIBILITY OF THEIR SIGNAGE IS A RESULT OF THE APPLICANT'S INACTION. HOWEVER,THIS COULD BE ADDRESSED BY RELOCATING ONE OF THE EXISTING SIGNS. COMMISSIONER SCHUSTER SECONDED THE MOTION. THE MOTION CARRIED 4-0-1. Commissioner Cote abstained. 3.5. Linda Turner Request for Variance, Public Hearing Case No. V 98-10 Staff report by Scott Harlicker. Linda Turner has requested a variance to the shoreline setback and side yard setback variance to construct a 22' x 40' detached garage at 1854 Main Street. The proposed garage will replace an old ID storage building which has been torn down. Scott noted the applicant currently does not have a garage. Staff recommends approval of both variance requests based on the findings in the staff report to the Board of Adjustments dated September 29, 1998. Vice Chair Cote opened the public hearing. Scott distributed a letter from Linda Turner's next door neighbors, Mr. and Mrs. Harold Jude, expressing their objection to the requested 2 foot setback from their property line. Linda Turner, applicant, explained that if the garage were attached to her home she would not have access to her back yard without going through the garage and down some stairs. Also, the utility services would have to be relocated which would be very costly. Discussion followed regarding the side yard setback variance request. There being no further comments from the public, Vice Chair Cote closed the public hearing. COMMISSIONER KUESTER MOVED APPROVAL OF THE REQUEST BY LINDA TURNER FOR A VARIANCE TO THE SHORELINE SETBACK,AND,A VARIANCE TO THE SIDE YARD SETBACK, PUBLIC HEARING CASE NO. V 98-10, WITH THE FOLLOWING CHANGE: - 1 FOOT SIDE YARD VARIANCE APPROVED, RATHER THAN THE REQUESTED 2 FEET. • BASED ON THE FOLLOWING FINDINGS: