09-24-2002 BA MIN - Laserfiche WebLink

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Board of Adjustments Minutes September 24,2002 Page 4 Commissioner Franz asked why the home was not placed closer to the front setback. Mr. • Leeseberg explained that due to the odd shape of the lot,the home could possibly have been placed a couple feet closer to the front and this variance would still have been required. Chair Pederson asked if the home on the north side of this property would also require a variance for a deck. Mr.Leeseberg stated that it appears the home is placed on the setback and would also require a variance if they wished to construct a deck. Chair Pederson opened the public hearing. DeAnna Leseman,applicant,13102 Elgin Drive,stated that the neighbor was told by the same builder that his home was on the 20 foot setback and he would be allowed to construct a 10 foot deck. She noted that they had begun landscaping,but stopped when they learned of the setback problem. Commissioner Franz stated that it is his recollection that one of the reasons setbacks are established is to provide space between homes so that a fire would not spread from home to home. He stated that it appears there is adequate spacing between the homes in this location. He stated he would support granting the variance. He stated that the Building Inspections Department needs to take a closer look at permits so that this does not happen in the future. Chair Pederson stated that he also supported the variance since he felt there is ample space between the homes. He stated that he felt the City needs to be accountable in preventing these types of errors from occurring. • Commissioner Jenson stated that he feels the City cannot be held liable for these types of mistakes and that the builders need to be held accountable. He stated he would like more clarification on the building permit review process. There being no further public comment, Chair Pederson closed the public hearing. COMMISSIONER FRANZ MOVED APPROVAL OF THE REQUEST BY DEANNA AND DEWAYNE LESEMAN FOR A REAR YARD SETBACK VARIANCE TO REDUCE THE SETBACK FROM 20 FEET TO 10 FEET, BASED ON THE FOLLOWING 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.