09-24-2002 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes September 24,2002 Page 2 Commissioner Franz asked why the building inspector did not catch the error. Mr. • Leeseberg stated that the homeowner chose the floor plan and the home met the setbacks for construction. Commissioner Ropp asked if there was a provision in the review process where the location of doors and windows is checked. Mr. Leeseberg stated that the Planning Department reviews the footprint for construction and that the Building Department reviews the actual construction drawings and floor plan. Chair Pederson opened the public hearing. Robert Olson, 18584 Pascal Drive,applicant,stated that the floor plan was reversed in order for the patio door to face the park so that they could watch their children.He felt that Option A proposed by staff was not practical. He noted that he also has signatures of support from all of his neighbors within 350 feet of his property which were notified of the public hearing. Corey Zierden, 18585 Pascal Drive,stated that he lives across from the applicant and that he has no problem with the deck as proposed by Mr. Olson. There being no further public comment, Chair Pederson closed the public hearing. Chair Pederson stated that he visited the site and feels that the request is reasonable. He did not feel the"catwalk"was the best solution. He noted that there is not a great deal of traffic in this area so visibility is not a significant issue. Given the support of the neighbors and the fact that the applicant was willing to locate the stairs to the side,he had no concerns with granting the variance. Commissioner Franz concurred with Chair Pederson's comments. He felt that the Building Department needs to be more diligent in reviewing plans to ensure that this situation does not occur. Commissioner Anderson stated he also felt the request was reasonable,if the applicant was willing to move the deck stairs,he had no problem with granting the variance. Commissioner Jenson stated he did not feel the City would be held responsible for not noticing that the patio door was on the side of the house at the setback. He felt the situation was a gross error on the part of the builder and that the City should not have to"clean up" after the builder. Chair Pederson felt that the placement of a patio door would indicate to a homebuyer that a future deck was planned for and would assume that the proper setback was taken into consideration. He stated that the Building Department should take a closer look at patio door placement in the future. Commissioner Franz concurred with Chair Pederson and noted that traffic site lines should not be an issue with the deck addition. The Commissioners were in agreement that the two conditions proposed by staff were appropriate. COMMISSIONER FRANZ MOVED APPROVAL OF THE REQUEST BY TANYA AND ROBERT OLSON FOR A FRONT YARD SETBACK VARIANCE