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Board of Adjustments Minutes Page 3 <br />August 27, 2019 <br />----------------------------- <br />Chair Johnson stated he agrees with those comments as well and while he <br />understands the budget constraints of moving utilities as not appealing, he felt the <br />applicant had other options available such as expanding the home to the west or <br />shrinking the garage by 10’ and losing the third stall to meet the zoning code. <br /> <br />Commissioner Larson-Vito Jill stated the job of the Board of Adjustments reviews <br />the property as a whole, not what fits into a garage or the layout of a home. <br /> <br />Moved by Commissioner Larson-Vito and seconded by Commissioner Thiel <br />to deny the front yard setback variance request by Sergey Vainelovich for the <br />following reason: <br />1. The plight of the petitioner is due to circumstances unique to the <br />property not a consequence of the petition’s own action or inaction. <br /> <br />Motion carried 4-0. <br /> <br />Unless the applicant withdraws their request, their request will be reviewed at the <br />September 16, 2019, City Council meeting. <br /> <br />5.2 Auto-Rec Bodyworks Inc. – 21475 US Highway 169 <br /> 20’ Side Yard Setback, Case No. V 19-07 <br /> <br />Mr. Carlton presented the staff report. <br /> <br />Chair Johnson opened the public hearing. <br /> <br />Rick Haugland, the applicant, stated he was looking to expand his business. <br /> <br />There being no one else to speak, Chair Johnson closed the public hearing. <br /> <br />Chair Johnson stated he felt because of the topography of the lot, it doesn’t provide <br />for many options and feels all five criteria has been met. <br /> <br />Commissioner Larson-Vito agreed and was a good fit in the area. <br /> <br />Moved by Commissioner Larson-Vito and seconded by Commissioner <br />Rydberg to approve the 10’ side yard setback variance for the following <br />reasons: <br />1. The general purpose and intent of the ordinance are met. <br />2. The property has a land use of residential and the use is consistent <br /> with the Comprehensive Plan. <br />3. The proposed use is reasonable and is permitted in the zoning <br /> ordinance. <br />4. The plight of the petitioner is due to circumstances unique to the <br /> property not a consequence of the petitioner’s own action or inaction. <br />5. The variance will not alter the essential character of the locality. <br /> <br /> <br />