11-23-1999 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes November 23, 1999 Page 2 • There being no further public comment, Chair Mesich closed the public hearing. Chair Mesich asked where the closest handicap spaces were located. Ms. Perleberg stated that there is a handicap space directly in front of their building. COMMISSIONER MOVED APPROVAL OF THE REQUEST BY GARY AND SHELLE PERLEBERG FOR A SEVEN FOOT VARIANCE FROM THE TEN FOOT MINIMUM PARKING/DRIVEWAY SETBACK FROM THE PROPERTY LINE BASED ON THE FOLLOWING FIVE FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE HARDSHIP. 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. 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. E AFFECT THE HEALTH THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY 5. CE OT OUS HEALTH, • SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS LOCATED AND WILL IN KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COMMISSIONER CHAMBERS SECONDED THE MOTION. THE MOTION CARRIED 5-0. 4.2. Request by Robert and Linda Harris for Variance from City's Building Standards for Accessory Structures, Case No. V 99-16 Staff report by Scott Harlicker. Robert and Linda Harris, 18003 Queen Street, have requested a variance to allow metal exterior on a proposed 18'X 28' accessory storage building on their.77 acre lot. The zoning code states that no metal exterior buildings are allowed on parcels less than five acres in this area. Staff recommends denial of the variance based on the findings in the staff report to the Commission dated November 23, 1999. Chair Mesich opened the public hearing. Linda Harris, applicant, explained that when she called about constructing a storage building, she was not told the exterior could not be metal. The building will be maintenance-free and will match the color of their existing home. She felt that a financial hardship exists, since they have already purchased the building components, and an emotional hardship, since they will be unable to store their • belongs indoors.