01-31-1991 Public Hearing and Special Meeting

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• • • Board of Adjustment January 31, 1991, Meeting Page 3 of 5 Joel Albrecht presented the staff's report. On January 8, 1991, Mr. Tim DeWalt applied for a building permit for the purpose of constructing a 1,120 square foot accessory building to be located at his home which is located at 11618 North "L" Street. This permit was denied for failure to comply with the setback provisions of Zoning Ordinance Section 10-200.5. The • appeal has been requested under the provision of Zoning Ordinance Section 11-604. The first paragraph of Section 10-200.5 limits the size of accessory buildings for single family dwellings. This section states accessory structures are not to exceed one thousand . (1,000) square feet of floor area. The second -,~, .paragraph of the section makes an exception to this size limit. The exception applies to large lot _ residential homesites of an acre or more in size, -allows accessory buildings of up to 2,000 square feet. • .: = It also requires that larger accessory buildings be set back at least thirty (30) feet from property lines and thirty (30) feet behind the rear line of the primary • ~structuze. Mr. DeWalt states that the placement of the •~ - ~ -~=proposed building is intended to maintain clearance. ~_' ... ;•'from a waterline and a pipeline corridor that crosses __ ~ ~+~.=,~ ~ his property. He is basing his appeal on his -.~:r:: ~-; .:: contention that the thirty ( 30 ) foot accessory setback "' =~:~~`,~. ~~`~''~L'requirement is unreasonable. _ ~ Dr. Bernay swore in Mr. Tim DeWalt. He stated he _~ ,':, - ~-~ .wished to build a 27' x 11" x40' storage building ~ on •• ~: ~~ ~~his property and to stay off the pipe line right-of- .: _•way and existing water lines and to seek relief from . _ ~~the thirty (30) foot set back. 6) -~. - CALL FOR VOTE TO APPROVE OR DENY THE ENFORCING OFFICER'S DECISION #A91-002. Motion was made by Charles Christensen to deny the appeal. The motion was seconded by Jody Seeger. The vote was 5 ayes and 0 nays. 7) CONSIDER SPECIAL EXCEPTION REQUEST #SE91-001. APPLICANT IS SEEKING A SPECIAL EXCEPTION TO ALLOW CONSTRUCTION OF A PORCH AND DETACHED GARAGE THAT WILL • NOT MEET ZONING ORDINANCE REQUIREMENTS FOR SETBACKS IN SIDEYARDS WHICH ARE ADJACENT TO STREET RIGHTS-OF-WAY. PROPOSED STRUCTURE TO BE LOCATED AT 302 SOUTH 3RD STREET.