05-17-1999 CC MIN - Laserfiche WebLink

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City Council Minutes May 17,1999 Page 7 e COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. 6.6. Request bv Mel Beaudrv for Setback Variance, Public Hearina Case No. V 99-6 Staff report by Steve Wensman. Mel Beaudry has requested a 15 foot front yard setback variance in order to build a home closer to the street where the grade is at a higher elevation. Mr. Beaudry feels that placing the home at the 50 foot setback will require constructing a more expensive home and septic system. Staff recommends denial of the request based on the fact the applicant does not meet 3 of the 5 criteria necessary for granting a variance. Mayor Klinzing opened the public hearing. Dale Wagner, neighbor to Mr. Beaudry's property, expressed his support for the variance. He stated he would like to see Mr. Beaudry's home placed at a similar setback to his home. Mel Beaudry, applicant, indicated that he disagrees with staff's recommendations and feels that he should be allowed to follow the setbacks that were in place when the other homes in this plat were constructed. He noted that his lot is the last lot to be built on in the subdivision. Mr. Beaudry submitted a letter from Jim Leuer Construction which states that it is not possible to fit a home on this lot within the required setbacks, without placing the home on low land. e Mayor Klinzing asked staff if it would be possible to build within the setbacks. Steve Wensman indicated he could not make that determination without seeing the plans. Councilmember Farber indicated he felt the house should be built in line with the neighboring homes and did feel a hardship exists. Councilmember Motin indicated he felt the situation was unique and met the requirements for a variance. There being no further public comment, Mayor Klinzing closed the public hearing. MAYOR KLINZING MOVED TO APPROVE THE VARIANCE REQUEST BY MEL BEAUDRY, PUBLIC HEARING CASE NO. V 99-6, 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 THAT 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. e 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. THE HOME WILL COMPLY WITH THE SETBACK STANDARD THAT WAS IN PLACE AT THE TIME THE LOT WAS PLATTED AND THE STANDARDS HAVE SUBSEQUENTLY BEEN CHANGED.