1985 09 09BOARD OF ADJUSTMENTS AND APPEALS
MINUTES
SEPTEMBER 9, 1985
CALL TO ORDER
Chairman Johnson called the meeting to order at 6:40 p.m.
MEMBERS PRESENT
Willard Johnson, Carol Watson and Dale Geving.
STAFF PRESENT
Jo Ann Olsen, Asst. City Planner
PUBLIC HEARING
Variance Request to the Rear Yard Setback, 1820 Pheasant Drive,
Harlan Felker
Public Present
Harlan Felker
applicant
Olsen stated that the applicant is proposing to construct a
single family residence 15 feet from the rear yard lot line. She
stated that there is a slope at the front (south) of the lot and
a more level area to the rear. She stated that the applicant is
constructing the home at the center where the site is more level
which will prevent extensive alteration of the land. She noted
that the site is heavily wooded with a grove of mature trees in
the center of the lot at the top of the slope. She explained
that if the home was placed 30 feet from the rear yard lot line
it would require the removal of these trees. She also noted that
the applicant would prefer to save as many trees as possible by
locating the home more towards the rear of the lot. She also
stated that the property to the north of the applicant's site is
close to an acre in size and owned by Mr. and Mrs. Richard
Steller who stated that they have no objections to the variance
request. She stated that there would still be well over a 60
foot separation between the two homes. She stated that Planning
staff:
1. Believes that there are site factors influencing the place-
ment of the single family residence.
2. There is adequate area for a single family residence to meet
the setbacks and not remove any trees. It is the rear addi-
tion of the proposed home which is within the rear setback.
The variance is not necessary for enjoyment of property
rights.
3. That the granting of the application will not be materially
detrimental to the public welfare or injurious to property in
Board of Adjustments and Appeals Minutes
September 9, 1985
Page 2
the area adjacent to the property for which the variance is
sought.
4. If the variance is granted there would still be at least 60
feet between structures.
Mr. Felker stated that he was removing trees and replanting them
on other lots to save them. He stated that a 24' x 60' home
could fit onto this lot, but that they wanted a bigger home.
Geving asked what was in the back portion of the home.
Mr. Felker stated it was a bedroom and family room.
Watson stated that this is a new development and already variances
are being requested. She stated that this is a large lot with
room for a single family residence.
Mr. Felker stated that he could cut trees down and have the home
fit.
Geving stated that there is room on the garage side.
Mr. Felker stated that there were existing trees and a drainage
way on the side of the garage.
Johnson stated that he understood the motive to save the trees
but was not comfortable in granting the variance.
Geving stated that he felt there were unusual circumstances and
moved to grant the 15 foot variance.
Mr. Felker stated that he may need only a 10 foot variance.
Geving revised his motion to grant a 10 foot variance. Watson
seconded the motion. All voted in favor and the motion carried.
Geving moved, seconded by Watson to close the public hearing.
All voted in favor and the motion carried.
APPROVAL OF MINUTES
Watson moved, seconded by Johnson to approve the August 19, 1985
minutes as written. All voted in favor and the motion carried.
Geving moved, seconded by Watson to approve the August 5, 1985
minutes as written. Geving and Watson in favor. Johnson
abstained. Motion carried.
Johnson moved, seconded by Geving to adjourn the meeting. All
voted in favor and the motion carried.