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Board of Adjustments Minutes <br /> January 29,2002 <br /> Page 2 <br /> • Y _ Chair Pederson asked if staff was aware of any variances that were granted along 189th. Mr. <br /> Leeseberg stated that he did not find any on record,but there are obviously some structures <br /> that are within the setback. <br /> Discussion followed regarding possible alternatives for the addition. Commissioner Ropp <br /> asked when the current septic system was put in. Mr.Leeseberg stated that a new system <br /> was installed prior to the current owner purchasing the property and that it meets the City's <br /> size requirements for the proposed addition. Commissioner Franz asked if the applicant or <br /> staff had considered moving the septic system. Ms.McPherson,Director of Planning,stated <br /> that the system had to be placed where it was in order to meet building code setbacks,and <br /> that there really is no other suitable location for the septic system. <br /> Chair Pederson opened the public hearing. <br /> Mark and Leonora Person, applicants, reviewed their request. Mr. Person stated that <br /> they have signed petitions from the 6 other property owners on 189th Avenue,stating that <br /> they have no objection to the proposed addition and their request for a variance. Mr.Person <br /> discussed why he did not feel the alternatives proposed by staff would work for them. He <br /> noted that even though the proposed addition would only be 11 feet from the right-of-way, <br /> it would be 24— 25 feet from the actual roadway. <br /> Commissioner Baker asked if the Person's existing home is setback the farthest along 189th <br /> Avenue. Mr. Person stated that it was. <br /> • There being no further public comment, Chair Pederson closed the public hearing. <br /> Commissioner Baker did not feel there was sufficient evidence of hardship,but he agreed <br /> that the other findings can be met. Commissioner Ropp expressed his agreement. <br /> Commissioner Franz felt it was difficult to meet the finding for hardship. He did not feel <br /> that ignorance was an excuse and if the applicants had known what the setback requirements <br /> were when they purchased their home,they could have made more informed decision <br /> whether or not to buy. Commissioner Franz stated that the ordinance does not require a <br /> basement and that if the applicants needed more living space, he suggested some of the <br /> garage space be utilized. <br /> Commissioner Mesich stated that there are properties such as this one which were placed in <br /> a zoning district where they do not fit. He felt they need to look at variances for these areas <br /> and that this request meets the criteria for granting a variance. Commissioner Schuster <br /> agreed and stated that he felt the request meets the intent of the ordinance. <br /> Mr.Leeseberg noted that if the variance is granted,the addition must meet the building code <br /> setback from the septic system,and would mean that the addition must be setback 2 feet <br /> further than what is shown on the plans. Mr.Person stated that the additional 2 feet could <br /> be added on the opposite side in order to meet the septic system setback. <br /> Chair Pederson agreed that the request meets the findings for granting a variance and the <br /> fact that there are existing lots in this district that don't meet the zoning requirements. He <br /> felt that the proposed addition would greatly enhance the property. <br />