07-13-1989 Public Hearing and Regular Meeting

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• • • MINUTES BOARD OF ADJUSTMENTS MAY 25, 1989 PAGE 2 4. APPROVE MINUTES OF MAY 25, 1989 PUBLIC HEARING ~ REGULAR MEETING A motion was made by Steve Hines and seconded by Charles Christensen to approve the minutes as presented. The vote was unanimous and the motion carried. 5. CONSIDER APPEAL TO THE ENFORCING OFFICER'S DECISION APPEAL #A89-003 Mr. Joel Albrecht presented staff's report The location of the property for review is located at 1023 Hackberry. This request is due to the enforcing officers decision to reject a building permit for construction of a new single family home. This decision was made due to failure to meet the rear setback requirements of the zoning ordinance. The enforcing officer based his decision on the setback requirements for an attached garage, which is fifteen (15) feet. Mr. Herrick contends that under the guidelines of the Standard Building Code, the garage/patio should be considered as detached. The definition used in determining these requirements is "accessory structure." A detached or subordinate structure, the use of which is clearly incidental and related to that of the principal structure and is located on the same lots. The term "detached" meets the Webster definition of separate or standing by itself or unconnected. The City's present existing ~ zoning ordinance states that the setback requirements for an .attached accessory building is fifteen (15) feet. A detached structure is required a five (5) feet setback. The breezeway, in this case, makes the garage an "attached" structure. It is staff's recommendation that the officers decision was correct based on the zoning ordinance's intent to maintain a minimum of 15 ft. of rear yard area behind a primary structure. This area is reserved for future development of accessory uses. An accessory structure may be located 3 ft. from a rear property line. A minimum separation of 6 ft. must be maintained between primary and accessory structures.