08-24-1989 Public Hearing and Regular Meeting ZBOA

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staff's interpretation of the Zoning Ordinance and decision to issue this building permit was proper and therefore does not grant any special privilege which would be denied to other similar "large lot" homesites. The final consideration raised by this section requires that the Board's decision be in the best interest of the community and consistent with the spirit of the Zoning Ordinance and Comprehensive Plan. staff, as evidenced by the decision to issue a building permit to Mr. & Mrs. Couch, feels the spirit and intent of the Zoning Ordinance and Comprehensive Plan has not been violated. It is however, up to the Board to make a decision regarding both this issue and the best community interest. staff stands behind the decision to issue building permit #1431. options: section 11-604.3 establishes the following criteria to guide the Board when considering an appeal: In exercising the powers set fo~th in section 11-603, the Board of Adjustment may, ln conformity with the provisions of this ordinance, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the enforcement officer from whom the appeal is taken. The following options are available to the Board: I. Deny appeal A89-009. Denial of this appeal will affirm the City's decision to issue this building permit and allow Mr. & Mrs. Couch to construct their accessory building. II. Deny the appeal with stipulating conditions. This form of denial would still basically affirm the City's decision and allow Mr. & Mrs. Couch to build their building. with this form of decision the Board could determine that circumstances exist at this location which warrant special conditions being placed on the permit. An example of this type of condition would be more stringent set backs.