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1985 05 20BOARD OF ADJUSTMENTS AND APPEALS MINUTES MAY 20, 1985 CALL TO ORDER Chairman Johnson called the meeting to order at 6:50 p.m. MEMBERS PRESENT Willard Johnson, Dale Geving and Carol Watson. STAFF PRESENT Jo Ann Olsen, Asst. City Planner Geving moved, seconded by Watson to table the Koehnen case until after the Robert Scholer case. All voted in favor and the motion carried. FRONT AND SIDE YARD VARIANCE REQUEST, 7725 FRONTIER TRAIL, ROBERT SCHOLER, APPLICANT Olsen gave a brief overview of the variance request. She stated the applicant is proposing to construct a 23' x 22' garage attached to their existing home (see site plan). The garage will be 28 feet from the front yard lot line and 8 feet from the side yard lot line. Thus, two variances are required, a 2 foot variance for the front yard setback of 30 feet and a 2 foot variance for the side yard setback of 10 feet. She stated that the existing home lies on the front lot line and is therefore a non-conforming use. The Zoning Ordinance states that non-conforming uses cannot be enlarged. There is an existing one car detached garage on the property (see photograph). The applicant wishes to remove this garage and replace it with the larger attached garage. She stated that the applicant is requesting a 2 foot variance to the front yard setback. The applicant has stated that this request is due to the slight slope at the rear of the lot. Staff believes the 30 foot front yard setback can be met and should be enforced. Tom Rojina stated that they wanted it 28 feet from the front yard lot line so that it would connect with an existing rear access of their home. Johnson asked if they would be using sheetrock on the garage walls. Tom Rojina stated that they would. Geving moved, seconded by Watson, to grant a 3 foot side yard variance to allow the garage to be enlarged to a 24 foot width and to grant a 2 foot front yard variance. All voted in favor and the motion carried. Board of Adjustments and Appeals Minutes May 20, 1985 Page 2 REAR YARD VARIANCE REQUEST, LOTS 1348-1352, CARVER BEACH, HARLAN KOEHNEN, APPLICANT Olsen gave an overview of the case. She stated that the appli- cant is proposing to build a single family residence on five adjoining platted lots of 20' x 80' which equals one lot with a total of 8,000 square feet (see location map). This lot is located at the southwest corner of the Carver Beach Road and Nez Perce Drive intersection. She stated that because the lot is at the intersection of two streets, a 30 foot front yard setback is required on both street frontages. Since corner lots have essentially two front yards, the rear yard is then defined as the lot line opposite the street the house is facing. She stated the proposed house faces Carver Beach Road. The rear yard would then be the south lot line, where there currently is a 13.25 foot setback. The placement of the home provides for a 30 foot front yard setback on both street frontages. She stated that the applicant is requesting a 17 foot variance to the required 30 foot rear yard setback. The area to the south of the lot is heavily wooded with a large pond. Therefore, the impact of the proposed home being closer than 30 feet to the adjoining property is minimal. She stated that it appears this is an adequate area for the pro- posed 42' x 26' home, but it does not leave enough area for a garage. There currently are two vacant 20' x 100' lots to the west of the lots for the proposed home (see location map-Lots 1304-1303). These lots have delinquent taxes and will be up for sale by the sheriff's office in the near future. The applicant has stated he is interested in owning these two lots and will put a bid in for them. Should the applicant obtain these lots, the lot area will increase to 12,000 square feet. The applicant will still require a 17 foot rear yard variance, if the layout of the pro- posed home and driveway remain as shown on the site plan. Harlan Koehnen stated that he was surprised to find a 30 foot setback on three sides of his property. He also stated that he was on the mailing list to get information on the auction of the two lots. John Johnson asked how an 8,000 square foot lot could be built on. He was concerned about lots getting smaller and reducing property values. Board of Adjustments and Appeals Minutes May 20, 1985 Page 3 Jack Ernst stated that he was concerned the two vacant lots could become a weed patch. He felt that the two lots should be added on. Johnson stated that we could not force them to buy the lots. Geving asked Mr. Ernst if he was opposed to the variance. Jack Ernst stated that yes, because of the size of the lot (8,000 square feet). Robert Weis stated that he believes the lot is too small. Johnson stated that the applicant is not asking for a lot area variance. He can build a house without variances, but cannot have a garage. Johnson stated that he would rather give the variance so that he can have a garage. Geving stated that we have been trying to build up Carver Beach by combining lots to equal at least 10,000 square feet. He stated that as a result, alot of nice lots have been developed. He said that he would like to see Harlan pick up those two lots and meet all of the requirements. Koehnen stated that he did not know when the lots will be auc- tioned off and he wants to build now. Watson stated that the only thing we can do is go ahead and grant the variance or else his home can be built without a garage. Geving stated that he would like to deny the request with the intention that Harlan buy the two lots and meet all requirements. Koehnen stated that he would build the house now and that the garage was going to be built later. Watson stated that he would get a house without a garage then. Johnson stated that the rear variance does not bother him. Geving stated that he would like to see the two lots taken care of and that it would improve the property value. Johnson stated that he does not want to see another Woitalla garage with it so close to the street. Geving moved, seconded by Watson, to deny the variance request because lots could be purchased in the future and all require- ments could be met. Geving and Watson voted in favor. Johnson was opposed. Geving asked ~v~r. Koehnen if he would like to go in front of the City Council. He stated that he would. Board of Adjustments and Appeals Minutes May 20, 1985 Page 4 APPROVAL OF MINUTES Watson moved, seconded by Geving to approve the April 15, 1985 minutes as written. All voted in favor and the motion carried. Watson moved, seconded by Geving to adjourn the meeting at 7:25 p.m. All voted in favor and the motion carried.