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Andrew Mack, Director of Planning & Community Development, first notifies the board that the <br />aerial view map included in their packet is not accurate since the two lots should be shown as one <br />with the house being located in the middle. He continues to present the variance to the board and <br />notify them that the construction of the structure had already began before the variance or any <br />permit had been applied for. Lastly, Mr. Mack makes a neutral recommendation to the board to <br />consider both variances for this address. <br />Public hearing was declared open. <br />Audrey Bills, property owner, states that she is wanting to construct the carport to cover her cars <br />from the sap coming from the tree in the yard. Ms. Bills also states that she has maintained the <br />vacant lot located just north of hers since she moved into the house in the 80s. She has tried <br />contacting the owners and has never been able to find anyone to purchase this property. <br />Larry Walker clarifies that the two posts that have already been put in place are on her property <br />line to which she confirms they are. <br />RuthAnn Alsobrook made note of citizen input forms submitted by mail as follows: <br />Audrey Bills of 824 NE 3`a St, in favor to build carport. <br />No one else spoke in favor or opposition. <br />Public hearing was declared closed. <br />Motion was made by Jerry Haning, seconded by William Sanders to approve the variance to <br />Zoning Ordinance, Section 9-501 of the Area Regulations to allow the carport to be constructed <br />with a 22' front yard setback in line with the house based upon the following staff recommended <br />findings of fact. Motion carried 5:0. <br />Staff Recommended Findings of Fact <br />1. Although there are no unique conditions or features of the property, the house is <br />constructed in the middle of the lot making it impossible to construct a two -car attached <br />carport on the north side of the lot without a variance. <br />2. Substandard building setbacks are prevalent in the surrounding properties of this area. <br />3. The literal compliance with Sections 9-501 & 9-601 of the Zoning Ordinance would cause <br />unnecessary hardship given the fact that dwelling was previously constructed in the <br />middle of the parcel without room for a 2 stall wide carport without a variance. <br />4. The granting of the variance will not violate the spirit or the intent of this article, but it will <br />allow a structure to be permitted adjacent to the neighboring property line. <br />5. The condition or feature which creates the need for the variance does result from the <br />property owner's own actions. There is room to construct an accessory carport structure <br />