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Planning Commission Meeting Minutes July 20, 2004 Page 3 1 Commissioner Hoska stated that he did review the property noting that he would not.like to see 2 the basswood tree removed. He acknowledged the concerns expressed by both Vice Chair 3 Hanson and Commissioner Gray with respect to reasonable use. He stated that he reviewed the 4 proposed plans with respect to landscaping and drainage and suggested further grading out to the 5 street. He stated that he does not have a problem granting the variance request as proposed. 6 7 Chair Stromgren stated that he did consider reasonable use of the property noting that other 8 neighbors have put their property to greater use and all are outside of the setback codes, which 9 preceded the ordinance. He stated that all of the properties are grand fathered noting that Mr. 10 Wiggins.property is the only property along the street that did not take advantage of the area, 11 which almost qualifies the property for hardship consideration when comparing it to the other 12 properties in the area. He stated that by not granting the variance request this property would be 13 penalized. 14 15 Vice Chair Hanson asked if the property qualified for impervious surface. Mr. Wiggins stated that 16 with the addition it would be at 21%, which is well under the requirement. 17 18 Vice Chair Hanson asked about his recommended location for the deck. Chair Stromgren agreed 19 that the proposed location for the deck would make sense considering the proposed footprint and 20 reviewed with the Commission. 21 22 Chair Stromgren noted that the drainage is a major issue considering the steep slope. He agreed 23 with Mr. Wiggins that the neighbor to his north would be impacted. 24 25 Motion by Chair Stromgren, seconded by Commissioner Hoska, to recommend granting a 26 variance of 12-feet with the purpose of constructing an addition with the sideyard setback. The 27 condition was not created by the owner and would not affect sight lines of the neighborhood, all 28 drainage issues must be addressed, the condition is unique to the property as all adjacent 29 properties are closer to the street and the variance is consistent with the zoning code. 30 Motion carried unanimously 31 32 Chair Stromgren stated that City Council would consider this request at their July 27, 2004 33 Regular meeting. He suggested that the applicant be present to answer any questions the Council 34 might have. 35 36 7.2 Rod Rabine, 2800 34" Avenue NE, Front Yard Setback Variance. 37 38 Chair Stromgren opened the public hearing at 7:24 p.m. 39 40 Ms. Hall stated that Rod Rabine, 2800 34"Avenue NE, is requesting a front yard variance of 2.5 41 feet in order to add a front entry to his home. She stated that Mr. Rabine is planning to build a 42 handicap accessible front entry with a ramp noting that the variance request is necessary in order 43 to navigate a motorized wheelchair into the front door. She stated that the two adjacent lots are 44 different noting that the average between the two lots is 33 feet, which is what the setback is 45 based on. She reviewed the City Code and the variance request with the Planning Commission. 46