05-24-2005 BA MIN - Laserfiche WebLink

Home Browse Search

Board of Adjustments Minutes May 24,2005 Page 2 Chair Anderson opened the public hearing. Mike Sizen, 12546 194th Lane, applicant - Stated that he had two concerns with Option A. First,was the location of the gas fireplace vent. He felt this was a safety issue and was probably not allowed by Code. He stated that they use the fireplace extensively in the winter. Second, he felt the cost to construct a deck according to Option A would be substantially more expensive because of the siding removal, relocating the ledger board, and the increased height of the deck. There being no one else to speak to this issue,Chair Anderson closed the public hearing. Commissioner Westgaard asked if the other vent shown on the photograph was a dryer vent. Mrs.Sizen stated no,that she believed it was a cold air return vent. Commissioner Stevens stated that although he could understand the applicant's dilemma,he felt that setbacks are established for a reason. He stated that he would approve the request with Option A. Ms. McPherson stated that no variance is required for Option A and the applicant could simply apply for a building permit if he so desired. Commissioner Offerman stated that he concurred with Commissioner Stevens, but he felt that Condition #2 regarding hardship could also not be met. He stated that since the applicant had the home built himself and did not purchase the home after the fact,he should have been aware of the setbacks and foreseen and issue with a future deck. Commissioner Offerman stated that based on his experience building decks,he did not feel it would be that much of a hardship to install the ledge board in the location proposed in Option A. He Sstated he would recommend denial of the variance. Commissioner Westgaard stated that he did not agree with Commissioners Stevens and Offerman. He stated that if the deck cannot be constructed over the gas fireplace vent, Option A would no longer be possible. He stated that the builder should have made the homeowner aware of the situation with a future deck. Chair Anderson stated that the Commission is only looking at the variance request, and that the issue with the vent will be checked out by staff. MOTION BY COMMISSIONER STEVENS AND SECONDED BY COMMISSIONER OFFERMAN TO DENY THE REQUEST BY MICHAEL SIZEN FOR A 3-FOOT SIDEYARD VARIANCE BASED ON THE FOLLOWING: 1. THE REQUEST DOES NOT MEET CONDITION #3 - LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD DEPRIVE THE PETITIONER OF RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAM EDISTRICT UNDER THE TERMS OF THIS ORDINANCE. 2. THE REQUEST DOES NOT MEET CONDITION #2 -THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS AND CIRCUMSTANCES,WHICH ARE PECULIAR TO THIS PORPERTY AND THE STRUCTURE INVOLVED AND WHICH ARE NOT CHARACTERISTIC OF,OR S APPLICABLE TO,OTHER LANDS OR STRUCTURES IN THE SAME AREA.