05-24-1994 PC MIN - Laserfiche WebLink

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Planning Commission Minutes May 24, 1994 .'~". " , v fUti:. Page 10 . COMMISSIONER MINTON MOVED TO DENY THE VARIANCE REQUEST TO EXCEED THE MAXIMUM SIZE OF AN ACCESSORY STRUCTURE BY RICHARD LUNDBERG, PUBLIC HEARING, CASE NO. V 94-05, BASED ON THE FINDINGS STATED IN STAFF'S MEMO: 1. THIS WOULD NOT CAUSE UNDUE HARDSHIP IN THAT THE APPLICANT WOULD STILL HAVE THE ABILITY TO CONSTRUCT A 1,424 SQUARE FOOT DETACHED ACCESSORY BUILDING FOR HIS HORSES. 2. THE OTHER PROPERTY OWNERS IN THE AREA ARE ALSO SUBJECT TO THE SAME REQUIREMENTS FOR ACCESSORY STRUCTURES. 3. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS ORDINANCE WOULD NOT DEPRIVE THE PETITIONER OF THE RIGHTS ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT UNDER THE TERMS OF THIS ORDINANCE. 4. THE VARIANCE WOULD NOT BE KEEPING WITH THE SPIRIT AND INTENT OF THE ORDINANCE. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Kreger abstained. COMMISSIONER MINTON MOVED TO RECOMMEND APPROVAL OF THE CONDITIONAL USE PERMIT TO ENCROACH ON THE 300 FOOT SETBACK FOR AN AGRICULTURAL ACCESSORY STRUCTURE BY RICHARD LUNDBERG, PUBLIC HEARING, CASE NO. CU 94-14, CITING STAFF'S MEMO AS FINDING OF FACT. APPROVAL IS RECOMMENDED WITH THE FOLLOWING CONDITION: . 1. THE DETACHED ACCESSORY BUILDING BE MOVED TO THE SOUTH AS CLOSE TO THE GAS EASEMENT AS POSSIBLE. Commissioner Eberley requested the above condition be eliminated from the approval of the conditional use permit. Mr. Lundberg's neighbors have no opposition to the placement of the structure and given the physical structure of the surrounding electricity, etc. it does not seem necessary to move the structure closer to the gas easement. COMMISSIONER MINTON AMENDED THE MOTION FOR THE CONDITIONAL USE PERMIT TO ELIMINATE THE CONDITION #1. COMMISSIONER EBERLEY SECONDED THE MOTION. THE MOTION CARRIED 6-0. Commissioner Kreger abstained. Staff report presented by Steve Ach. T.J. Properties requested a conditional use permit for a zero lot line development allowing a shared parking and driveway. The applicant was not present. Chairman Tveite opened the public hearing. There being no comments from the public, Chairman Tveite closed the public hearing. . Commissioner Eberley stated it was nice to see the proposed parking area in the rear with the building next to the street.