HomeMy WebLinkAboutBoard of Adjustments and Appeals - 03/19/1977 - Special UNAPPROVED
MINUTES
ZONING BOARD OF APPEALS AND ADJUSTMENTS
March 19, 1977 9:30 A.M.City Hall
MEMBERS PRESENT: Chairman James Wedlund, Don Sorenson,
Joan Meyers, James Cardinal
MEMBERS ABSENT: None
OTHERS PRESENT: Wayne Sanders, Chief Building Inspector
Continuation of March 17th meeting of Board of Appeals and Adjustments
The Board members met at the lot on Hilltop Raod at 9:30 A.M. to 10:00
A.M. to view the lot and to see how various setbacks would affect the
neighbors. The board then continued the meeting to the City Hall.
Mr. Sorenson stated that the 85 feet, (approximate) setback (average re-
quired by Ordinance 135) is extreme and felt that it would not be proper
in this situation. Mrs. Meyers felt that there .was justification to grant
a variance but only to the extent of an average of the two adjacent homes.
Sorenson said that a 39' front setback is out of the question and that
the only method that can be used in this case is by using the average
of the two adjacent homes. The trees to the east will likely be moved
• during construction. I can see no reasonable way, but to use the average
of the two adjacent homes. Another criteria is that at this average set-
back, between two adjacent homes, the hame will fit the contour of the
land.
Cardinal made a motion to allow the front setback of 68 feet. The findings
were as follows:
1) At 68 feet the home sets well. especially with the home to the
east.
2) The two homes to the west have deep setbacks.
3) The average of the two adjacent homes seems to carry out the
pattern from east to west on Hilltop.
4) Strict interpretation or enforcement would result in a practical
difficulty or unnecessary hardship inconsistant with the intent
of this ordinance and the guide plan.
5) There are exceptional or extraordinary circumstances or conditions
applicable to the property, use or facilities that do not apply
generally to other properties in the same district.
6) Granting a variance will not constitute a special privilege.
7) Granting a variance will not be detrimental to the public health,
safety or welfare, or materially injurious to the public or private
properties or improvements in the vicinity.
MOTION was seconded by Mrs. Meyers.
• Mr. Reitherman asked if we had any restrictions as to compatibility of
building in an area. Sanders said no we do not have any such restrictions.
Sorenson said that we have building codes but could not tell anyone be-
yond that point. Some developments have protective covenants that may govern
this.
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Sorenson abstained from voting, All other members voted in favor of the
motion.
The board discussed the request for a side yard setback. Sorenson discussed
the idea of rotating the house on the lot to five a full 15 feet on the
west side of the proposed home. The idea of cutting 5 feet off of the garage
in order to shorten the house in order to allow a total of 25 feet total
side yards. This would mean that the house 5 feet to the east.
Sorenson mentioned that he thought that the 5 feet cut off the garage is
probably only the logical choice.
Meyers made a motion to grant a 10 foot side yard setback for the garage
and a 15 foot setback for the house. The prevailing sideyard setback of
Ordinance 135 - R22 zoning, because of the following findings.
1) There are varying side yard setbacks in the neighborhood.
2) Strict interpretation or enforcement would result in a practical
difficulty or unnecessary hardship inconsistant with the intent
of this ordinance and the Guide Plan.
3) Strict or literal. interpretation would deprive the applicant of
the use and enjoyment of his property in a manner similar to the
other owners in the same district.
4) Granting a variance will not constitute a special privilege.
5) Granting a variance will not be detrimental to the public health,
safety or public welfare, or materially injurious to the public or
private properties or improvements in the vicinity.
Sorenson obstained from voting but was recorded in favor of the motion.
All other members voted in favor of the motion.
A motion to adjourn was made by Meyers at 10:55 A.M.
The motion was seconded by Cardinal.
Wayne R. Sanders
Staff member & Secretary
WRS/bd