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1988 08 08BOARD OF ADJUSTMENTS AND APPEALS MINUTES AUGUST 2, 1988 Chairman Johnson called the meeting to order at 7:00 p.m. MEMBERS PRESENT: Willard Johnson, Carol Watson and Dale Geving STAFF PRESENT: Jo Ann Olsen, Assistant City Planner Lot Area Variance for a 9,273 Square Foot Lot, Lots 2275-2279, Carver Beach, Lotus Realty Olsen presented the staff report. Watson stated that the sentence in the staff report stating that the lot is an illegal non-conforming lot says it all and that it should not be approved. Geving stated that he agreed with the statement in the staff report that the city has never created a non-conforming lot and that the proposed variance should not be approved. Geving moved, seconded by Watson, to close the public hearing. All voted in favor and the motion carried. Watson moved, seconded Geving, to deny the lot area variance due to the fact that the lot was an illegal subdivision which created a non-conforming lot and it is a self created hardship. All voted in favor and the motion carried. Side and Front Yard Variance For the Construction of a Garage, 7725 Frontier Trail, Steve Nelson Olsen presented the staff report. Geving stated that he recalled that they increased the side yard variance to three feet rather than two feet so that the applicant could build a 24 foot wide garage. Steve Nelson stated that he would prefer to maintain a 3 foot side yard variance. Geving stated that the old foundation of the existing garage must be removed and any structure must be removed upon construction of the new garage. Watson moved, seconded by Johnson, to close the public hearing. All voted in favor and the motion carried. Geving moved to approve a 3 foot side yard variance and a 2 foot front yard variance with two conditions: 1. The old foundation and footings of the existing garage be removed. 2. That the garage walls shall be lined with sheetrock. BOA Minutes August 8, 1988 Page 2 Mr. Nelson asked whether or not the garage could be attached. Geving said yes. Watson stated that she would prefer the 30 foot front yard set- Pack to be maintained. Mr. Nelson stated that he needed a 28 foot front yard setback if the garage to be attached. Geving stated that staff had stated in the original report that the garage could meet the 30 foot setback and that there was not any site constraints which would make it so the garage could not meet the 30 foot setback. Geving amended his motion to allow only the 3 foot side yard variance and not a front yard variance with the 2 conditions. Johnson seconded the motion. Ail voted in favor and the motion carried. Bill Boyt asked the Board if they would waive the $75 permit fee since it was a reapplication. Geving moved, seconded by Watson, to reimburse the $75 permit fee and that this be done with other reapplications. All voted in favor and the motion carried. Front Yard Variance for the Construction of a Deck, 7200 Pontiac Circle, Kathryn Hedlund Olsen presented the staff report. Watson stated that she was upset that the existing decks had been allowed to be constructed within the front yard setbacks. She stated that when the Chaparral PUD was approved, it was clear that no variances would be permitted and that people had worried that the proposal would not meet the city requirements. She also stated that she was not in favor of amending the development contract to permit the other decks to be located within the front yard setback and felt that any additional decks located within the front yard should be reviewed by the Board of Adjustments on a case by case basis. Geving stated that when the PUD was approved, there were to be no variances, but that he finds it hard to deny the proposed variance since there are existing decks within the front yard setback. Geving also stated that he was not in favor of amending the contract and would prefer to keep it a case by case review for any additional variances. He stated that he was in favor of granting the variance. BOA Minutes August 8, 1988 Page 3 Johnson stated that he was not in favor of amending the develop- ment contract and was upset that there was so many other viola- tions with existing decks. Darlene from the Cimarron Homeowners Association stated that the homeowners association only allows a 10' x 10' or a 10' x 20' deck and stated that they wished the city would allow future decks to be permitted without a variance. Geving stated that staff will send the Cimarron Homeowner's Association information on what is permitted for decks to meet the setbacks. Darlene asked if the new applicants would have to incur the variance application fee and expense for the property owners list. Geving stated that he could not answer that because it is a new subject and would have to be discussed by the Board of Adjustments and City Council. Geving moved, seconded by Johnson, to close the public hearing. Geving moved, seconded by Johnson, to approve the front yard set- back variance for the deck with no conditions. Geving voted in favor. Watson and Johnson were opposed. Motion did not carry. It was explained to the applicant that they would be heard by the City Council this same evening. Bill Boyt suggested that the item be placed right after the con- sent agenda. Geving moved, seconded by Watson, not to accept staff recommen- dation of amending the development contract. Approval of Minutes Geving moved, seconded by Watson to approve the minutes of July 25, 1988 minutes as written. All voted in favor and the motion carried. Watson moved, seconded by Johnson to adjourn the meeting. voted in favor and the motion carried. Ail