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Board of Adjustments Minutes Pagc 2 <br />May 13, 2008 <br />SHORELAND REQUIREMENT TO ALLOW THE LOTS TO BE LESS THAN <br />15,000 SQUARE FEET. MOTION CARRIED 5-0. <br />4.2. Reau~est by HJ Development for a Front Yard Setback Variance Public Hearing Case No <br />V 08-05 <br />Planner Chris Leeseberg reviewed background information regarding the setback dimensions <br />in the Carson Business Park approval documents. Staff supports the request for the variance <br />request, as well as a variance for the north side of the building. <br />Chair Westgaard opened the public hearing. There being no public comment, Chair <br />Westgaard closed the public hearing. <br />Chair Westgaard stated that since the building is already built and the tenant is in, he <br />questioned what could be done, other than approve the variance. Mr. Barnhart stated that <br />the Commission should review the request on its own merits; regardless of the fact the <br />building was built. He noted that staff does support the request. Chair Westgaard <br />concurred. <br />MOTION BY COMMISSIONER SCOTT AND SECONDED BY <br />COMMISSIOENR LEMKE TO MOVE APPROVAL OF THE REQUEST BY HJ <br />DEVELOPMENT FOR A FRONT YARD SETBACK VARIANCE, CASE NO V <br />07-06 BASED ON THE FOLLOWING CRITERIA: <br />1. LITERAL ENFORCEMENT WILL CAUSE UNDUE HARDSHIP WITH <br />FINANCING, LEGAL DOCUMENTS AND TITLE WORK. <br />2. THE HARDSHIP IS CAUSED BY SPECIAL CONDITIONS, AS THE SITE <br />PLAN/STRUCTURE WAS APPROVED AND CONSTRUCTED WITH <br />INCORRECT SETBACKS. <br />3. THE SPECIAL CONDITIONS AND CIRCUMSTANCES ARE NOT A <br />CONSEQUENCE OF THE PETITIONER'S OWN ACTION OR INACTION. <br />4. THE LITERAL APPLICATION OF THE PROVISIONS OF THIS <br />ORDINANCE WOULD NOT DEPRIVE THE PETITIONER OF RIGHTS <br />ENJOYED BY OTHER PROPERTIES IN THE SAME DISTRICT. THEY <br />WERE ABLE TO CONSTRUCT A STRUCTURE. <br />5. THE VARIANCE WILL NOT BE INJURIOUS TO OR ADVERSELY <br />AFFECT THE HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF <br />THE CITY OR THE NEIGHBORHOOD. <br />AND WITH THE FOLLOWING CONDITIONS: <br />1. THE FRONT YARD SETBACK (WEST PROPERTY LINE SETBACK) <br />SHALL BE 20-FEET FOR ANY PORTION OF THE EXISTING <br />STRUCTURE, AS CONSTRUCTED AT THE DATE OF APPROVAL OF <br />THIS REQUEST, WHICH LIES WITHIN THE ESTABLISHED C3 <br />ZONING SETBACK REQUIREMENTS. <br />