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02 City Council Regular Meeting Minutes March 23, 2004 Page 2 1 2 IV. PUBLIC HEARINGS. 3 None. 4 5 V. REPORTS FROM COMMISSIONS AND STAFF. 6 A. Planning Commission Items from March 16, 2004. 7 1. Resolution 04-029,re: Peterson, for 2601 —31 S`Avenue NE, variance request. 8 Planning Commission Chair Joel Stromberg noted Frank and Dolores Peterson, 2601 —31St 9 Avenue NE, had filed for an 11-foot side yard variance to allow construction of a three-season 10 porch. He explained the ordinance required a 30-foot setback and the property owner would 11 have a 19-foot setback if the variance was approved. He indicated the total square footage of the 12 property was 10,475 and the applicant currently met the requirements for lot coverage and other 13 setback requirements. He stated the Building Inspector interpreted that a side yard setback was 14 required versus a front yard setback because it was a corner lot and the City had the ability to 15 interpret the various setbacks on a corner lot based on what made the most sense from a zoning 16 perspective. 17 18 Chair Stromberg indicated the discussion among the Commissioners centered on the,fact that the 19 placement of the house on the lot resulted from the house being built before the current zoning 20 ordinances were in effect and it was agreed this created a hardship for the owners that they had 21 not created. He noted the resolution cited the odd shape of the lot as a requirement for the 22 variance; however, he stated the real issue was that the placement of the house on the lot dictated -23 the position of the three-season porch. 24 25 Mr. Peterson indicated he and his wife were both."70 years young"and would like to have a 26 sunroom added to their home for health reasons. He explained his wife had asthma and could 27 not get outside often because of outside odors, etc., which affected her breathing. He added it 28 would not only be beneficial to him and his wife but also would enhance the neighborhood. 29 30 Councilmember Stille asked how long the fence had been located on the property. Chair 31 Stromberg responded, according to Mr. Peterson, the fence predated their purchase of the home, 32 which was five years ago. 33 34 Councilmember Horst stated he understood no residents spoke against the variance at the 35 Planning Commission hearing. Chair Stromberg responded that was correct. 36 37 Councilmember Horst asked if the porch would alter the character of the neighborhood. Chair 38 Stromberg responded it would not alter the character of the neighborhood. He added there were 39 a large range of setbacks represented in the area of the Peterson's home. 40 41 Councilmember Horst stated he assumed this would add value to the Peterson's home. Chair 42 Stromberg responded the Commission agreed it was an improvement of the home. 43 44 Councilmember Faust indicated he assumed the three requirements for a variance were met by 45 this request. Chair Stromberg responded they were, as the hardship was not created by the