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Board of Adjustments Minutes Page 2 <br /> May 25,2004 <br /> any of their homes were destroyed by fire,since they all have similar setbacks to Yankton <br /> • Street. Senior Planner Scott Harlicker stated yes. <br /> Mr.Olson stated that there would be a reduction in his insurance settlement if he does not <br /> rebuild his home on the same site. He asked if he could file a variance for the other home <br /> he owns on the site adjacent to this one, so that if he were in a similar situation,he could <br /> rebuild. Mr.Harlicker stated that a variance is only viable for one year,and then would <br /> expire. <br /> Director of Planning Michele McPherson stated that in order to accommodate all the <br /> property owners in this neighborhood along Yankton Street,staff would have to come up <br /> with a zoning district with special setbacks. She stated that it is likely that there other areas <br /> in a similar situation,such as on the other side of the river. Ms.McPherson stated that the <br /> process would be very time-consuming for staff and would require Council direction. Mr. <br /> Olson asked if could make the request in writing. Ms.McPherson stated yes. <br /> A resident of Big Lake Township,Lot 11,Robinson Addition,expressed his concern for the <br /> trees which were cut down and left lying on the ground on the Big Lake Township side of <br /> his property. Ms.McPherson stated that this issue is being dealt with by staff. Mr.Olson <br /> noted that the trees the Big Lake Township resident was referring to were cut down on <br /> Outlot B which is located in Big Lake Township. <br /> There being no further public comment,Chair Ropp closed the public hearing. <br /> MOVED BY COMMISSIONER PEDERSON AND SECONDED BY <br /> • COMMISSIONER STEVENS TO APPROVE THE REQUEST BY MARK AND <br /> DIANE OLSON TO ALLOW A 19-FOOT FRONT YARD SETBACK,CASE NO.V <br /> 04-03,BASED ON THE FOLLOWING FINDINGS: <br /> 1. LITERAL ENFORCEMENT OF THE ORDINANCE WILL CAUSE UNDUE <br /> HARDSHIP. <br /> IN 1995,WHEN THEY APPLIED FOR THE BUILDING PERMIT FOR <br /> THE ADDITION,THE APPLICANT RECEIVED WRITTEN APPROVAL <br /> FROM THE CITY FOR THE 30 FOOT FRONT YARD SETBACK. <br /> REQUIRING THEM TO DIG UP THE OLD FOUNDATION AND <br /> REPLACE IT 5 FEET FURTHER BACK WOULD FORCE THE HOUSE TO <br /> ENCROACH INTO THE SHORELINE SETBACK,REQUIRE <br /> ADDITIONAL FILL AND REMOVAL OF A TERRACED AND <br /> LANDSCAPED PATIO.BY MOVING THE HOUSE CLOSER TO THE <br /> RIVER THE NEIGHBOR'S VIEW OF THE RIVER WOULD BE <br /> AFFECTED. LITERAL ENFORCEMENT OF THE ORDINANCE WOULD <br /> CAUSE UNDUE 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 /> • THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND <br /> CIRCUMSTANCES,WHICH ARE PECULIAR TO THE PROPERTY AND <br />