11-23-1999 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes November 23, 1999 Page 3 • Commissioner Kuester asked if residents are typically told that no metal exterior is allowed. Mr. Harlicker explained that the Planning Department and Building Department get a number of phone calls each day asking a variety of questions about accessory structures. He stated that he could not comment on what the Harris' were told, since staff was not aware who talked to them. Commissioner Chambers asked if the majority of the building could be metal, and the remainder was constructed of other materials. Mr. Harlicker stated that the ordinance does not define a percentage. Chair Mesich asked the applicant if it would be possible to construct the building with an exterior material that meets the city ordinance. Mr. Robert Harris stated that he has no options, since the specifications for the building were customized, the kit has already been paid for, and it is sitting in his yard. He felt the city should take some responsibility, since he should have been told about the metal exterior restriction. Chair Mesich explained that State Statutes require the city to enforce its ordinance, unless all five of the findings can be met which are listed in the staff report. There being no further comments from the public, Chair Mesich closed the public hearing. • COMMISSIONER KUESTER MOVED DENIAL OF THE REQUEST BY ROBERT AND LINDA HARRIS FOR A VARIANCE TO ALLOW METAL EXTERIOR ON A RESIDENTIAL ACCESSORY STRUCTURE, PUBLIC HEARING CASE NO. V 99-16, BASED ON THE FOLLOWING FINDINGS: 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL NOT CAUSE UNDUE HARDSHIP. THE HARDSHIP IS STRICTLY ECONOMIC. ACCORDING TO STATE STATUTE, ECONOMIC CONSIDERATIONS ALONE SHALL NOT CONSTITUTE AN UNDUE HARDSHIP IF REASONABLE USE FOR THE PROPERTY EXISTS UNDER THE TERMS OF THE ORDINANCE. A REASONABLE USE OF THE PROPERTY, DOES EXIST UNDER THE TERMS OF THE ORDINANCE. 2. THE HARDSHIP IS NOT CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES WHICH ARE PECULIAR TO THE PROPERTY. THE HARDSHIP IS UNRELATED TO PROPERTY AND IS CAUSED BY A PURCHASING DECISION MADE BY THE APPLICANT. 3. THE LITERAL APPLICATION OF THE ORDINANCE WOULD NOT DEPRIVE THE APPLICANT OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT. A DRIVE THROUGH OF THE NEIGHBORHOOD IDENTIFIED ONE SMALL PORTABLE METAL STORAGE BUILDING. METAL EXTERIOR ACCESSORY BUILDINGS ARE ALLOWED AS LONG AS THEY ARE SMALLER THAN 120 SQUARE FEET. THERE ARE SEVERAL OTHER PROPERTIES IN THE AREA WHICH HAVE LARGE ACCESSORY STRUCTURES THAT DO NOT HAVE A METAL EXTERIOR. 4. ANY SPECIAL CONDITIONS OR CIRCUMSTANCES ARE A CONSEQUENCE OF THE PETITIONER'S OWN ACTIONS.