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City Council Minutes Page 7 <br /> November 16, 1998 <br /> • 7.3. Request by Rich and Tammi Schmidt for Side Yard Variance, Public Hearing Case No. V <br /> 98-12 <br /> Planner Steve Wensman indicated that Rich and Tammy Schmidt, 11265 192nd Avenue <br /> NW, have requested a five foot variance from the side yard building setback <br /> requirements in order to construct a 12 foot deep deck. The applicant has stated that <br /> they were informed the setback was 5 feet, had plans prepared, and then were later <br /> told the side yard setback was 10 feet. Steve explained that it is his understanding that <br /> on March 18, 1996, the R1 c zoning requirements changed and the side yard setback <br /> changed from five feet to 10 feet. With a 10 foot side yard setback, the proposed deck <br /> can only be 7 feet deep, which is unacceptable to the applicants. The applicants <br /> state that they would not have spent money for a surveyor and contractor to prepare <br /> plans if they had known they could only build a 7 foot deep deck. Steve noted that <br /> the surrounding neighbors support the proposed deck and variance from the side yard <br /> setback. Steve indicated that staff does not support the variance due to the fact the <br /> applicants have other options, such as constructing a patio at ground level. He noted <br /> that the existing patio door is only 2 feet off the ground and a patio could be accessed <br /> by a couple of steps. <br /> Mayor Duitsman opened the public hearing. There being no comments from the <br /> public, Mayor Duitsman closed the public hearing. <br /> Discussion followed regarding the change in setback and if the change was made <br /> before or after the applicant purchased the home. It was the consensus of the Council <br /> to have staff research the issue further for discussion at the next Council meeting. <br /> • COUNCILMEMBER FARBER MOVED TO POSTPONE THE REQUEST FOR A 5 FOOT SETBACK <br /> VARIANCE BY RICH AND TAMMI SCHMIDT, PUBLIC HEARING CASE NO. V 98-12 TO THE <br /> NOVEMBER 23, 1998, CITY COUNCIL MEETING, FOR FURTHER INFORMATION. <br /> COUNCILMEMBER DIETZ SECONDED THE MOTION. THE MOTION CARRIED 5-0. <br /> 7.4. Request for Final Plat Approval (Blackberry Hills), Case No. P 98-2 <br /> Staff report by Scott Harlicker. Dynamics Design and Land Company is requesting final <br /> plat approval to subdivide 92 acres into 4 single family lots. Staff recommends <br /> approval of the request with the 14 conditions outlined in the staff report. <br /> COUNCILMEMBER DIETZ MOVED APPROVAL OF RESOLUTION NO. 98-127, A RESOLUTION <br /> GRANTING FINAL PLAT APPROVAL FOR BLACKBERRY HILLS, CASE NO. <br /> P 98-2, WITH THE FOLLOWING CONDITIONS: <br /> 1. A DEVELOPERS AGREEMENT OUTLINING THE TERMS AND CONDITIONS OF THE PLAT <br /> APPROVAL AND NECESSARY ROAD CONSTRUCTION BE PREPARED AND EXECUTED <br /> PRIOR TO RELEASING THE PLAT FOR RECORDING. <br /> 2. ALL THE COMMENTS OF THE CITY ENGINEER BE ADDRESSED. <br /> 3. A LETTER OF CREDIT IN THE AMOUNT OF 100% OF THE COST OF PUBLIC IMPROVEMENTS <br /> BE PROVIDED PRIOR TO RELEASING THE PLAT FOR RECORDING. <br /> 4110 <br />