2001-002 Council Resolution - Laserfiche WebLink

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Findings of Fact. In considering all requests for variance or appeal and in taking subsequent action, the City shall make a finding of fact: 1. That the property in question cannot be put to a reasonable use if used under conditions allowed by the official controls. 2. That the plight of the landowners is due to physical circumstances unique to his property not created by the land owner. 3. That the hardship is not due to economic considerations alone and when a reasonable use for the property exists under the terms of the ordinance. 4. That granting the variance requested will not confer on the applicant any special privilege that would be denied by this ordinance to other lands, structures, or buildings in the same district. 5. That the proposed actions will be in keeping with the spirit and intent of the ordinance. Staff has reviewed this request and does not believe the Variance criteria can be meet in this case. Mr. Lyden can construct a wood frame building, on footings without a slab, that would have a similar effect to a post frame building although it may be more costly. Pole buildings are not permitted on less than five acres. Over the years City Staff has received numerous requests for such construction and has always discourage the Variance procedure because in most cases the requests were based on the additional construction costs. Additionally, in the 1997 Zoning Ordinance update the 5 acre requirement was maintained. For these reasons we would recommend denial of the variance requested. For Council information, the adjoining property owners have indicated no objections to the variance request. The Planning & Zoning Board reviewed this item at their December meeting. Mr. Rafferty made a motion to approve the variance and was supported by Ms. Lane. Motion failed with 3 ayes (Lane, Rafferty, Zych), 3 nays (Corson, Schilling, Chair Schaps) and 1 abstain (Johnson, he was interviewing with the Council at the time of discussion). OPTIONS: 1. Deny Variance as requested and adopt Resolution 2001 -02. 2. Return to staff for further consideration RECOMMENDATION: Option 1