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City Council Minutes Page 5 January 17, 2017 ----------------------------- Delores Kratzke, 1707- 5`h Street — distributed a handout outlining her concerns with granting the variance request. She expressed concern over the close proximity of this house if the city grants the variance. Mayor Dietz questioned if the lot is buildable if the variance is denied. Mr. Leeseberg explained the applicant is requesting a rear yard setback on the west side because she prefers an Upland address. He added if the applicant desired a 5`h Street address the rear yard would be the south side and the house could be built 10 feet from the west property line without a variance. Councilmember Ovall stated he agrees with the Board of Appeal decision. He believes the Upland address with the proposed setbacks gives the applicant maximum flexibility with minimal impact to the neighbor. There being no one else to speak to this issue, Mayor Dietz closed the public hearing. Moved by Councilmember Ovall and seconded by Councilmember Westgaard to deny the appeal made by Delores Kratzke. Motion carried 4-1. Councilmember Olsen opposed. Moved by Councilmember Ovall and seconded by Councilmember Westgaard to approve a 15 -foot front yard setback variance and a 14 -foot rear yard setback variance for a principal structure in accordance with the following: 1. The general purpose and intent of front yard setbacks is to provide a uniform/ controlled look to the front of structures. The general purpose and intent of rear and side yard setbacks is to keep structures reasonably separated from one another. The purpose and intent of these setbacks is in harmony with the ordinance.. 2. The Comprehensive Plan guides this property as residential. The proposed residential use is consistent with the Comprehensive Pian. 3. Building a residential home on a city -approved parcel with setbacks that are more compliant then neighboring properties is using the property in a reasonable manner. 4. The plight of the property is that it received variances for lot size and lot width in 2005, prior to the applicant purchasing it. A front -yard setback variance was anticipated when the property was platted. 5. The character of the locale is one of varying front yard setbacks and approving these variances will not alter that character. Motion carried 4-1. Councilmember Olsen opposed. 73 Conditional Use Permit to Allow Outdoor Storage, Gays and TracQer Maintenance and Repair, and a Residential Use — Northern Tiny Builders Mr. Leeseberg presented the staff report. �PDi;IRIC B�1