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1986 04 21BOARD OF ADJUSTMENTS AND APPEALS MINUTES APRIL 21, 1986 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 to Construct a Garage, Curtis Robinson, applicant. Public Present Curtis Robinson Don Schmieg Susan Albee appl i c an t 6871 Nez Perce Drive Olsen stated that the applicant is requesting a variance to construct a 24' x 28' garage 8 feet from the east side yard lot line. She noted that the proposed garage will be located 15 feet from the existing single family residence and 30 feet from the rear lot line. She stated that the existing single family resi- dence is also 8 feet from the east side yard lot line. She explained that the single family residence has an attached two car garage with a driveway from West 77th Street. She stated that the proposed garage is going to be used for the storage of two cars and will not require an additional driveway from Erie Avenue. Olsen explained that the applicant wishes to keep the proposed garage at the same distance from the lot line as the existing home. She noted that the rear yard is level and there are no special site conditions which require the garage to be 8 feet from the side lot line. She stated that the proposed garage can meet the 10 foot side yard setback. Johnson asked why Mr. Robinson wanted the garage 8 feet from the side lot line. Robinson stated that he wanted the garage to line up with the existing home and that he is planning on adding a deck which would be blocked by the garage if it was 10 feet from the lot line. Geving stated that the deck was not shown on the plans. Board of Adjustments Minutes April 21, 1986 Page 2 Robinson stated that he did not put it on the plans but that the slab is in the ground. Geving asked how he will get to the garage. Robinson stated he will be keeping two old cars in the garage and that he will drive them over the lawn to Erie Avenue only once or twice a year. Geving stated that a hardship needed to be estasblished so that the 10 foot setback can be met. Robinson stated that his patio would be blocked. Geving stated he understood what Robinson was trying to do, for the aesthetics and that he now agrees with the request. Watson stated that she also understood the applicant's reasoning, but that he can move the garage 2 feet and meet the setback. Geving moved to approve the variance request. Watson seconded for discussion and to hear Johnson's opinion. Johnson stated that he understood the request but there is no hardship. Don Schmieg stated he wants the variance because he is the neigh- bor and it would look better to have the garage lined up with the house. Watson stated that he can meet the 10 foot setback. Robinson stated that a fence would connect the existing home with the garage which would block the garage from neighbors. Susan Albee stated that a variance is to be granted when there is undue hardship and that there is no hardship here and a variance is not justified. Geving stated a motion had been made to approve. Geving voted in favor. Johnson and Watson were opposed and the request was denied. Board of Adjustments Minutes April 21, 1986 Page 3 PUBLIC HEARING Lot Area Variance to Construct a Single Family Residence, Lewis Woitalla, applicant. Public Present Susan Albee 6871 Nez Perce Drive Olsen stated that the applicant is applying for a lot area variance to construct a single family residence on Lots 1927-1931 (9,322 square feet). She stated that the Zoning Ordinance requires a minimum lot area of 15,000 square feet and the appli- cant is therefore requesting a 5,678 square foot lot area variance. She noted that the proposed residence is approximately 40' x 35' and meets all of the required setbacks. Olsen stated zoning Ordinance No. 47-J allows platted lots of record prior to 1972 to receive a building permit if they meet 50% of the lot requirements (i.e. lot area, lot width and depth). Because the lots were not established as a separate parcel of record, prior to 1972, the 50% requirement (minimum lot size of 7,500 square feet) does not apply to this request. Olsen stated that for several years the city applied a general policy of a minimum lot area of 10,000 square feet for property in Carver Beach. She explained that this policy allowed lots with at least 10,000 square feet to receive a building permit. She stated that the 10,000 square foot minimum, however, was not an adopted City regulation and therefore, staff does not believe this guideline should be followed and used as a reason for denial of the variance. Olsen stated that in summary, the applicant split his property without receiving City approval. She stated that the applicant met the minimum lot area requirement in 1977 but created his own hardship by selling off a portion of his property. Olsen stated that Planning staff recommends that the Board of Adjustments and Appeals deny variance request 986-4 based on the following findings: 1. The zoning Ordinance is not imposing a hardship; the lot was split without city approval. 2. Granting the variance would be contrary to the spirit and intent of the 15,000 square foot minimum lot size requirement. Woitalla stated that the City did not require approval of lot splits in 1977 and that he was assessed for a second parcel. Board of Adjustments Minutes April 21, 1986 Page 4 Russ Norm stated that the City did assess Mr. Woitalla for an extra lot. Geving staed that there was only one original stub to the pro- perty and only one assessment. Woitalla stated that Kleve Anderson (buyer of Woitalla's lots) paid an assessment and that he also paid an assessment. Geving stated that if a lot is assessed it does not make it buildable. If a lot is determined unbuildable, the assessments are returned. Russ Norm stated that the City has granted building permits to similiar si zed lots. Geving stated that each case is unique and that this was a self created hardship. Watson stated that no one told Mr. Woitalla that his remaining lots were buildable when he sold the other lots. Johnson stated that it was one parcel with one assessment. Susan Albee stated that she was opposed to this lot size in Carver Beach and was opposed to the variance request. Watson stated that Mr. Woitalla split a conforming lot and created a non-conforming lot. Bruce Burrington (neighbor) stated that they have been through this before and that he is opposed to the variance. John Pfieffer agreed that Mr. Woitalla had enough land but split it up and opposes the variance. Geving moved, seconded by Watson, to deny the request because the lot does not meet the Zoning Ordinance requirements. All voted in favor and the motion carried. Watson moved, seconded by Geving to close the public hearings. All voted in favor and the motion carried. Approval of Minutes Watson moved, seconded by Geving to approve the March 17, 1986 minutes as written. All voted in favor and the motion carried. Geving moved, seconded by Johnson to adjourn the meeting at 7:20 p.m. All voted in favor and the motion carried.