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HomeMy WebLinkAboutminutes.boa.19970501BOARD OF ADJUSTMENT MAY 1 , 1997 Rick Head opened the regular meeting at 4:05 p.m. Jim Iglehart, Ron Erickson and Howard DeLuca and David Schott were present. Charlie Paterson was excused and Dan Martineau was absent. City Staff present were David Hoefer and Sara Thomas. MINUTES MOTION: Ron Erickson moved to approve the minutes of Case #97-01 and Howard DeLuca second. ALL IN FAVOR, APPROVED 5-0. MOTION: Ron Erickson moved to approve the minutes of Case #97-02 as amended with approval of 5-0. Jim Iglehart second. ALL IN FAVOR, APPROVED 5-0. PUBLIC HEARING: CASE # 97-05, 702 WEST MAIN STREET, PEARSON Rick Head, Co-Chair, opened the public hearing. David Hoefer, Assistant City Attorney, received the legal notice and the Board had jurisdiction to proceed. Sara Thomas, Staff, explained the variance request was actually for a four and one- quarter foot (4 ¼ ‘) east side yard variance to allow for construction of a covered porch. Mark Pearson, applicant, noted they wanted to add the front porch to also access the kitchen door. Pearson noted the residence was non-conforming on a non- conforming lot with plans to make this a real home. He supplied photos of the residencenoting the city ditch that ran on the side of their property about 3-5 feet from the curb. Pearson commented the neighbors welcomed the fact this would be their home, especially since prior commercial uses were proposed. Ron Erickson remarked that the last variance on this building was brought in by Stapleton. Howard DeLuca stated the concern at that time was the view. Pearson stated the triangle view only involved the 42” picket fence which was allowed. Amy Amidon, Staff, stated the house was in the historic district but not necessarily on the list. She noted the City encouraged front porches, especially in this zone district. Amidon said the reason the variance was allowed when Stapleton applied, was the house was being moved away from Kraebacher’s. Pearson commented they were happy to make improvements to their home and were very proud that it was located in the historic overlay. 1 BOARD OF ADJUSTMENT MAY 1 , 1997 No public comment. DeLuca stated the open look on the railing was a good touch. David Schott asked if the deck upstairs protruded into the setback. Pearson replied that it was not in the setback but about 21 ½ feet from the property line and 40 feet from Main Street. Jim Iglehart said it was great having locals own this property. Erickson agreed with Iglehart. Head was also in favor of this variance. MOTION: Ron Erickson moved to approve the request for a 4.25 foot east side yard setback variance at 702 West Main Street to allow for construction of a covered front porch, finding that the review standards have been met including 3 conditions found in CASE #97-05 proposed motion. Dave Schott second. ALL IN FAVOR, APPROVED 5-0. PUBLIC HEARING: CASE #97-06 KUHN, 303 WEST MAIN, VACANT LOT AT SOUTH FIFTH & WEST HOPKINS Rick Head opened Case #97-06. David Hoefer, Assistant City Attorney, reviewed the notice and determined it was legally sufficient for the Board to proceed. Head said the vacant lot located at the intersection of South Fifth Street and West Hopkins, where the buildings from 303 East Main Street would be relocated for approximately 90 days. The relocation was to allow excavation and foundation work for a commercial/residential project at the Main Street location. Niklaus Kuhn, applicant, explained the process has been on going for five years. He said the house had to be relocated for safety reasons and Lyle Reeder has supplied the vacant lot for a minimal price. Hoefer stated for the record the maximum period of time would be 90 days. Todd Thomas, public, homeowner at Fifth and Main Street, stated there were no public parks in that part of town and used this field to play with his dog. He objected to the house being moved to this location for 90 days. Head asked if he had a big yard. Thomas replied that he had no yard. Ron Erickson stated that if these houses were being moved to public property, Mr. Thomas would have a point, however this was private property. He said Mr. Thomas should thank Mr. Reeder for allowing him the use of his property. Mr. Thomas asked where the house would 2 BOARD OF ADJUSTMENT MAY 1 , 1997 be located on the lot. Sara Thomas stated the house would encroach on the rear yard setback and side yard set back. Greg Baker, representative for adjacent lot owner, stated the owner wanted the house moved by the first of August. He said she wanted to be a good neighbor. Erickson asked what happened if the house was not moved by August 1st. DeLuca stated it would be red-tagged. Erickson also asked if a bond was posted. Sara Thomas stated that a $30,000. bond was posted for the structures and if the variance was violated the fine could be up to $1,000. a day. Hoefer stated for the record, pursuant to the statute, the Board of Adjustment may require a financial security to insure the restoration. Martha Madsen, public, supported the project. Dan MacGill, public, wrote a letter against the project. Lyle Reeder stated the parcel behind this property was owned by Silverculture Inc. The Board agreed the project should be done. MOTION: Ron Erickson moved to approve the request to temporarily relocate two historic structures to a vacant lot located at the southern intersection of South Fifth Street and West Hopkins, for a period not exceed ninety (90) days finding that all of the 6 circumstances exist, as described in the proposed motion. Jim Iglehart second. ALL IN FAVOR, APPROVED, 5-0. MOTION: Ron Erickson moved to adjourn at 4:35 p.m. Jim Iglehart second. ALL IN FAVOR. Jackie Lothian, Deputy City Clerk MINUTES ................................ ................................ ................................ ................................ ............................. 1 CASE # 97-05, 702 WEST MAIN STREET, PEARSON ................................ ................................ .................... 1 CASE #97-06 KUHN, 303 WEST MAIN, VACANT LOT AT SOUTH FIFTH & WEST HOPKINS ............. 2 3 BOARD OF ADJUSTMENT MAY 1 , 1997 4