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Board of Adjustments Minutes <br /> October 22,2002 <br /> Page 2 <br /> Chair Pederson stated that he had no problem granting the variance,since the existing home <br /> was built when the property was part of the old township. <br /> Commissioner Jenson stated that the current owner purchased the property in 1995 and <br /> should have been aware of the zoning in affect at that time. <br /> Commissioner Anderson asked if the proposed 4-season porch would be the same size as <br /> the existing deck. Mr. Lubrecht stated that the new porch will be 2 feet wider than the <br /> existing deck. Mr.Lubrecht noted that a 10'x10'portion of the deck will remain and that the <br /> proposed 4-season porch will be constructed at ground level. Commissioner Anderson <br /> stated that he did not have a problem supporting the variance,since the existing deck already <br /> encroaches into the setback. <br /> Commissioner Ropp also supported the variance. He felt that there was adequate screening <br /> to the rear of the property and granting the variance should not impact any of the neighbors. <br /> COMMISSIONER ANDERSON MOVED TO APPROVE THE REQUEST BY <br /> BOB AND MARY LUBRECHT FOR A VARIANCE TO REDUCE THE REAR <br /> YARD SETBACK FROM 30 FEET TO 15 FEET BASED ON THE FOLLOWING <br /> FINDINGS: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE <br /> HARDSHIP. <br /> 2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES, WHICH ARE PECULIAR TO THE PROPERTY AND <br /> THE STRUCTURE INVOLVED AND WHICH ARE NOT <br /> CHARACTERISTIC OF, OR APPLICABLE TO, OTHER LANDS OR <br /> STRUCTURE IN THE SAME AREA. <br /> 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS <br /> ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS <br /> ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER <br /> THE TERMS OF THIS ORDINANCE. <br /> 4. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br /> CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. <br /> 5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY <br /> AFFECT THE HEALTH,SAFETY OR WELFARE OF THE RESIDENTS OF <br /> THE CITY OR THE NEIGHBORHOOD WHERE THE PROPERTY IS <br /> LOCATED AND WILL BE IN KEEPING WITH SPIRIT AND INTENT OF <br /> THE ORDINANCE. <br /> COMMISSIONER ROPP SECONDED THE MOTION. THE MOTION <br /> CARRIED 4-0. <br /> 5. Other Business-None <br /> • <br /> 6. Adjournment <br />