Loading...
1989 06 26BOARD OF ADJUSTMENTS AND APPEALS MINUTES JUNE 26, 1989 MEMBERS PRESENT: Willard Johnson, Carol Watson and Ursula Dimler STAFF PRESENT: Jo Ann Olsen, Senior Planner REAR YARD SETBACK VARIANCE FOR THE CONSTRUCTION OF DECKS, LOCATED AT 310 SINNEN CIRCLE AND 8180 MARSH DRIVE, DAN KERLING AND ROBERT KLINGER Olsen presented the report. Mr. Kerling stated that slopes were causing a hardship and the hardship was not being permitted a deck and stated that the impact of the resale of the lot was a hardship. The location of the patio doors results in a 30 inch drop which needed a deck for safety. He also stated that he was given a building permit which was then said to be void by staff because it should not have been signed. The property has special characteristics and that only three lots in the PUD require a variance. He stated that there is no room to meet the setbacks for a deck and that the slope of the back yard is not suitable and needs a deck to be able to be used. He stated that they did not create the hardship and that it is not injurious to neighbors and he feels that they have met the five conditions of a variance. Mr. Klinger stated that they had a similar hardship as the Kerlings. He stated that there is water drainage near the lot which created a moist area and they needed a deck for the use of their back yard. He stated that the drainage is peculiar to the land and special to his property. He stated that they needed the deck for preservation of the back yard use and that it was not a self created hardship, they did not create the lots and that it is not injurious to the neighborhood. Dimler asked when they bought the lot did they know the square footage requirement. The applicants stated no that they preferred the lots being on the cul-de-sac. Dimler asked if they knew the lots were a PUD with smaller lots. The applicants stated no. Dimler stated that a hardship is not financial and that the city was not responsible for the misleading information they may have gotten. She also questioned if the applicants knew the size of the lots and that they would need a variance. The applicants stated that they did not. Watson stated that she has a bone to pick with lots these size, that nothing fits and it is hard to deal with because lots too BOA Minutes June 26, 1989 Page 2 small to begin with are always in need of variances. She stated that she did not agree with building the deck without attaching it to the house. Dimler asked how far the decks would be from one another. The applicants stated approximately 20 feet and that it would not obstruct vision between decks. Watson stated that a 20 foot wide deck is larger than normal, that usually decks are 12-14 feet wide and she did not feel that they needed that large of a deck. Johnson stated that a 20 foot wide deck is a large deck and that he had a problem with the decks on small lots. Mr. Kerling stated that they are seeking a fair and equitable solution. Dimler moved, seconded by Watson to close the public hearing. All voted in favor and the motion carried. Dimler moved, seconded by Watson, to deny the request stating that a hardship did not exist and that the city could not remedy a buyer beware situation. All voted in favor and the motion carried. A 12 FOOT FRONT YARD VARIANCE TO THE REQUIRED 30 FOOT SETBACK FOR THE CONSTRUCTION OF A DECK, 600 FOX HILL DRIVE, TOM MICHELSON. Olsen presented the staff report. Mr. Michelson stated that the way the house was situated created a need for the deck in the front off of the dining room and kitchen. Watson stated that the Board of Adjustments saw a similar request with the Colby variance that a definition of a front yard is dif- ferent from what the owners think the front yard actually is. She stated that this was a similar situation but that it really was not a hardship. Mr. Michelson stated that the deck would be off of the living room if he put it where staff is saying it could fit. Dimler stated that she wished that they could approve the variance but they had to deny it for the lack of hardship. Johnson stated that he did not agree with variances that go closer to the street. Watson moved, seconded by Johnson to close the public hearing. All voted in favor and the motion carried. BOA Minutes June 26, 1989 Page 3 Watson moved, seconded by Johnson, to deny the variance request. All voted in favor and the motion carried. VARIANCE TO THE REQUIREMENTS OF THE ZONING ORDINANCE FOR CURB AND GUTTER IMPROVEMENTS, 8301 AUDUBON ROAD, DAVE STOCKDALE. Olsen presented the staff report. Dave Stockdale stated that sewer and water would be provided to the site sometime in 1990 and that he would not be moving onto the site until the end of 1989. He stated that he would like to make the improvements once sewer and water was available to the site. He stated that he would be willing to make the necessary improvements when any major improvement is made to the site when sewer and water is available or upon a fixed date. Johnson asked in what year Mr. Stockdale would consider a fixed date? Stockdale stated the end of 1992. Watson asked Roger Knutson, City Attorney if a variance would be applied just to the property or if it could change with the owner. Roger Knutson stated that it depends on how the variance is stated and also stated that a cash escrow could be provided to cover the cost of improvements. Dimler stated that she understood Mr. Stockdale's concerns and asked if $10,000 would cover the cost. Johnson stated that he did not feel they needed curb and gutter at this time. Watson stated that she understood the need for the variance but that she wanted to nail it down to a date at this time. Dimler asked Roger Knutson if it was enforceable to require it in two years or when property is sold. Roger Knutson stated that they could approve the delay until the earliest of the following: a. January 1, 1992. b. Sanitary sewer and water is extended to the site. c. A building permit is applied for at a value of $10,000 or more. d. Subdivision of the property. Dimler moved, seconded by Watson to close the public hearing. All voted in favor and the motion carried. BOA Minutes June 26, 1989 Page 4 Dimler moved, seconded by Watson, to approve the variance with the following conditions: 1. The applicant shall install concrete curb and gutter by the earliest of the following: a. January 1, 1992. b. Sanitary sewer and water is extended to the site. c. A building permit is applied for at a value of $10,000 or more. d. Subdivision of the property. 2. The applicant shall put up a $10,000 cash escrow. All voted in favor and the motion carried. APPROVAL OF MINUTES Johnson moved, seconded by Watson to approve the May 22, 1989, and June 12, 1989, minutes, noting that Tom Workman had moved that the Board of Adjustments receive calling cards. ADJOURNMENT Watson moved, seconded by Dimler to close the meeting at 7:30 p.m. All voted in favor and the motion carried.