HomeMy WebLinkAboutminutes.boa.19981112BOARD OF ADJUSTMENT NOVEMBER 12 , 1998
Charlie Paterson opened the City Board of Adjustment meeting at 4:10 p.m. Jim
Iglehart, David Schott, Rick Head and Howard DeLuca were present. City Staff
present were David Hoefer, Assistant City Attorney, Sara Thomas, Community
Development Zoning Officer and Jackie Lothian, Deputy City Clerk.
MINUTES
MOTION: David Schott moved to approve the minutes from May 7,
1998, Case #98-04 (Liz Talenfeld) and 98-03 (Bush/Krumm). Jim
Iglehart second. APPROVED 5-0.
COMMENTS
Charles Paterson stated that Ron Erickson resigned from the Board of Adjustment
and was now on the City Planning and Zoning Commission. Jackie Lothian noted
that Dan Martineau was also off of the Board of Adjustment because he resided in
the county. There were ads placed for the two (2) members needed.
PUBLIC HEARING:
CASE #98-05 JOAN FABRY - 262 EASTWOOD DRIVE
Charlie Patterson opened the public hearing. David Hoefer stated the affidavit of
notice had been received and the board had jurisdiction to proceed. John Laatch,
representative for the applicant, explained the reason for the variance was
historically that this was a private subdivision annexed by the city which then
required the 30’ setback from the roadway. He said this placed the house farther
away from the roadway and there was a failure of the retaining wall caused by
drainage from the roadway. Laatch stated that Joan Fabry, owner, requested help
from the city in the correction of this drainage problem. He said the city improved
an inlet on the high side of the road and could not do much about the cross-slope of
the road. Laatch commented the request was for a variance to build a garage and
re-build the wall between the road and house. Laatch said this inadequate drainage
from the road was a hardship placed upon the property owners. He noted this was
an appropriate time (the failure of the wall) to improve the safety and control the
drainage.
Laatch stated the variance request was for a single car garage, the extent of the
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BOARD OF ADJUSTMENT NOVEMBER 12 , 1998
request was minimal, in order to provide for safe access to their vehicle in the
garage and to provide the drainage back to the natural course. He submitted a
letter from Stan Clauson, as a private planner, supporting the project. He said there
were numerous garages in the neighborhood that were within 10 feet or six feet of
the roadway. He stated the garage would clean up the area of garbage being
exposed to bears, enclosing the car and create a landscape area in front rather than
the gravel expanse that was there.
Sara Thomas stated reading the standards to allow a variance and the intent to allow
a variance; a variance should be looked as if the structure were not permitted would
there be a hardship. Staff’s opinion was the property was still very usable; a garage
is an amenity not a necessity, it does not cause hardship not to have a garage.
Hoefer inquired about the drainage problem. Thomas replied the retaining wall
could be re-constructed without a variance. She said a trash enclosure could be
constructed without a variance and placed inside the setback.
Rick Head and Jim Iglehart asked what prevented the garage from being moved into
the building envelope. Laatch said the garage would butt up against the house
causing a conflict with the footers; moving the garage into the area proposed would
take care of the drainage problems as well. He said the lack of proper drainage
could be changed by the grade of the road which would be by the city. Iglehart
asked if the house was there before the road. Laatch answered that the same
considerations for drainage were not in place 20-22 years ago when the roadway
and house were built.
Howard DeLuca said the orientation of the garage created more of an encroachment
into the easement than the setback itself. Laatch answered the drainage from the
swale would be interrupted and should probably be enclosed in a pipe to convey the
city drainage. DeLuca stated the minimum variance was what the board would
consider but this was too much.
Head said he failed to see why the garage could not be built within the setback. He
said that he would not be in favor of granting the variance. He did not see this as a
practical difficulty or a hardship.
Iglehart stated there was a way to make it work, being built into the set back. He
said that he would not grant the variance.
Paterson agreed with the board by moving the structure back to the building; it
would provide a more suitable design. The board and applicant discussed tree
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removal, standards being met in order to grant a variance and what was appropriate
for the neighborhood.
MOTION: Rick Head moved to approve the request for an eleven foot
front yard setback variance to allow for the construction of a detached
garage at 262 Eastwood Drive, finding that the review standards have been
met. Howard DeLuca second. Roll call vote: Iglehart, no; Schott, no;
DeLuca, no; Head, no; Paterson, no. DENIED 5-0.
Meeting adjourned at 5:00 p.m.
Jackie Lothian, Deputy City Clerk
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BOARD OF ADJUSTMENT NOVEMBER 12 , 1998
MINUTES ................................ ................................ ................................ ................................ ............................. 1
COMMENTS ................................ ................................ ................................ ................................ ....................... 1
CASE #98-05 JOAN FABRY - 262 EASTWOOD DRIVE ................................ ................................ ................. 1
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