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1985 11 18BOARD OF ADJUSTMENTS AND APPEALS MINUTES NOVEMBER 18, 1985 CALL TO ORDER Chairman Johnson called the meeting to order at 6:30 p.m. MEMBERS PRESENT Willard Johnson, Carol Watson and Dale Geving. STAFF PRESENT Jo Ann Olsen, Assistant City Planner PUBLIC HEARING Side Yard Setback Variance Request, 4071 Kings Road, Lutterman Homes, applicant. Olsen stated that the applicant is requesting a 56 foot variance to the required 100 foot side yard setback to construct a single family residence. She stated that the property is 2 acres in size and was created prior to the 2.5 acre minimum lot size requirement. She stated that the applicant has submitted the required percolation tests for the location of a septic system and these perc tests meet the required standards. She also stated that the wetlands boundary is at the 945.2 contour and the building site and location of the septic system meet the required setback from the wetlands. She stated that the proposed develop- ment of the site will not impact the wetlands. Olsen stated that the lot existed prior to the 2.5 acre minimum requirement and adoption of the Zoning Ordinance and it does not have the required lot width of 180 feet which allows adequate area for the required side yard setbacks of 10 feet and 100 feet. She explained that the lot has adequate buildable area and will support a septic system. She also stated that there is no possi- bility of this site being further subdivided in the future and staff is recommending approval of the 56 foot variance request. Olsen noted that the Board should consider the following: The Board of Adjustments and Appeals shall not recommend and the Council shall not grant, a variance unless they find the following fact: 1. That there are special circumstances or conditions affecting the land, building or use referred to in the application for variance. * The lot existed prior to the effective date of the Zoning Ordinance. The parcel does not have adequate area to meet the required side yard setback. Board of Adjustments and Appeals Minutes November 18, 1985 Page 2 2. That the granting of the variance is necessary for the preser- vation and enjoyment of substantial property rights. * Denying the variance would prevent the property owner from receiving substantial property rights. 3. That the granting of the application will not be materially detrimental to the public welfare or injurious to property in the area adjacent to the property for which the variance is sought. * The location of the home and septic system will not adversely impact surrounding properties. 4. That the granting of the variance will be in keeping with the spirit and intent of this ordinance. The Board of Adjustment and Appeals in recommending and the City Council in granting a variance may impose conditions to insure compliance and to protect adjacent properties. Johnson asked how soon the home would be built? Mr. Lutterman replied as soon as possible and that the home was already sold. Geving asked what the elevation of the home was to ensure it was above the ordinary high water mark of Lake St. Joe. 'Olsen stated that the home was approximately 30 feet above the ordinary high water mark. Geving wanted to clarify which side the variance was on. Olsen stated that it was for the eastern side yard. Watson moved, seconded by Johnson to grant the 56 foot variance on the eastern lot line in conformance with the submitted site and house plans. All voted in favor and the motion carried. Watson moved, seconded by Geving, to close the public hearing. All voted in favor and the motion carried. APPROVAL OF MINUTES Geving moved, seconded by Watson to approve the minutes of October 21, 1985 as corrected. All voted in favor and the motion carried. Johnson moved, seconded by Watson, to adjourn the meeting at 7:00 p.m. All voted in favor and the motion carried.