09-28-1999 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes September 28, 1999 Page 2 • 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT WOULD NOT BE ABLE TO CONSTRUCT THEIR HOUSE. 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES THAT ARE PARTICULAR TO THE PROPERTY AND THE STRUCTURE INVOLVED WHICH ARE NOT CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR STRUCTURES IN THE SAME AREA. 3. THE LITERAL APPLICATION OF THE ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. OTHER PROPERTIES HAVE HOUSES THAT DO NOT COMPLY WITH THE 150 FOOT SETBACK. 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION.THE SPECIAL CONDITIONS ARE A RESULT OF THE DESIGN OF THE LOT AND THE APPROVED PLAT. 5. THE GRANTING OF 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 BE IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. 6. THE GRANTING OF THE VARIANCE IS NEEDED FOR REASONABLE USE OF THE PROPERTY. • 7. THE VARIANCE IS NOT BEING REQUESTED SOLELY ON THE BASIS OF ECONOMIC CONSIDERATIONS. 8. THE PROPOSED HOUSE WOULD BE IN CHARACTER WITH THE SURROUNDING PROPERTIES. COMMISSIONER KUESTER SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Request by Church of St. Andrew for a Variance, Public Hearing Case No. V 99-13 Staff report presented by Scott Harlicker. The Church of St. Andrew has requested a variance to reduce the setback from the property line from ten feet to 3 feet for placement of a sign. Staff recommended denial because the request did not meet the findings necessary for granting a variance. Mr. Harlicker reviewed alternate sites proposed by staff for location of the sign. Chair Cote opened the public hearing. Julie Kastendick, member of St. Andrew's Church representing the applicant, described the proposed sign. She reviewed photos of the alternate sites proposed by staff and explained why she did not feel any of these sites were appropriate. She stated that there are other businesses which have signs located at less than the required 10 foot setback. • Commissioner Kuester asked if the glass in the sign was breakable. Ms. Kastendick explained that the glass would be enclosed in Plexiglas.