04-27-1999 BA MIN - Laserfiche WebLink

Home Browse Search

Board of Adjustments Minutes April27, 1999 Page 3 FULLY MEETING THE APPLICANTS IMMEDIATE NEEDS, CAN BE BUILT AND COMPLY WITH CITY ORDINANCES. COMMISSIONER MORRIS SECONDED THE MOTION. THE MOTION 4-0. 4.3. Request by Mel Beaudry for a Front Yard Setback Variance, Public Hearing Case No. V 99-6 Staff report by Steve Wensman. Mel Beaudry has requested a variance from the front yard setback requirements in order to construct a home closer to the street than allowed by ordinance. Vice Chair Mesich opened the public hearing. Mel Beaudry, applicant, reviewed his reasons for requesting the variance. He stated that two of the three homes on this street have less than the required 50 foot setback. Chair Mesich questioned why a different septic system will be required if he is required to meet the 50 foot setback. Mr. Beaudry explained that the soils change, and a mound system would be required because of the mottled soils further back on the site. Commissioner Morris asked if the area is fully developed. Mr. Beaudry indicated he is not aware of any other lots left in the Greenhead Acres 3rd Addition subdivision. Commissioner Morris questioned why the other two homes were allowed to be placed at less than 50 feet from the right of way. Scott Harlicker, Planning Assistant, indicated that it is likely a 35 foot setback was required at the time the subdivision was platted. There being no further comments from the public, Vice Chair Mesich closed the public hearing. Vice Chair Mesich indicated he did not feel the applicant can meet the criteria for granting a variance. Commissioner Kuester agreed that the variance should be denied. COMMISSIONER KUESTER MOVED DENIAL OF THE REQUEST BY MEL BEAUDRY FOR A FRONT YARD SETBACK VARIANCE, PUBLIC HEARING CASE NO. V 99-5, BASED ON THE FOLLOWING FINDINGS: 1. STAFF BELIEVES THAT THE LITERAL ENFORCEMENT WILL NOT CAUSE UNDO (UNNECESSARY, UNAVOIDABLE, EXTREME) HARDSHIP. THE APPLICANT KNEW THE SETBACKS PRIOR TO BUILDING HIS HORSE BARN AND HAS THE CHOICE OF SETTING THE HOUSE BACK FROM THE ROAD TO CONFORM WITH CITY ORDINANCES. 2. STAFF BELIEVES THAT THE HARDSHIP IS NOT CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY OR STRUCTURE INVOLVED BECAUSE THE HOUSE CAN BE BUILT AT THE PROPER SETBACKS. 3. STAFF BELIEVES THAT THERE ARE NO SPECIAL CONDITIONS AND CIRCUMSTANCES AND THAT THE NEED FOR A VARIANCE IS A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION THE APPLICANT HAS KNOWN THE SETBACKS ALL ALONG • AND PROVIDED THE CITY WITH A SITE PLAN CONFORMING TO THE SETBACKS. THE