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Case #1: Continued - Request for a Variance to Rear Yard Setback in the R -1 <br />Residential (MUSA) District at 5971 143 Circle NW; Case of Dale and <br />Sharon Grundberg <br />Presentation <br />Planning Manager Miller presented the Staff Report. <br />Board Business <br />Ms. Miller stated the applicant is willing to grant an extension. The extension would be done in <br />60 day increments and the ordinance process to amend the setback would take approximately 60 <br />days. <br />Chairperson Van Scoy asked Mr. Grundberg when he purchased the home and asked for <br />clarification that the porch was already constructed on the home when he purchased it. <br />Dale Grundberg, 5971 143 Circle NW, the applicant, stated he purchased the home in 1999 and <br />the porch was constructed on the home when he purchased it. He stated an extension is <br />acceptable to him. <br />Board Member Brauer stated it was commendable that City Engineer Himmer offered the sale of <br />land at the last meeting; he is concerned that it would set precedence for the City. He also is <br />concerned about setting precedence for all porches in the city where someone decides to enclose <br />it and say they are unaware of the rules. The third concern he has is asking what changing the <br />ordinance does for the city. <br />Associate Planner Gladhill stated the intent of the rear yard setback is to keep living spaces <br />separated from the adjacent living spaces. So the amendment to the ordinance would look at <br />publically dedicated open space, dedicated parks and other permanent open areas, which could <br />consider mitigating that rear yard setback concern. <br />Board Member Brauer stated that makes more sense. Clearly there is nothing in back, there is no <br />open park land being used for athletics and other kinds of things which could have an impact on <br />the use of the park. The language should be clear that this is a pond and not an athletic field <br />behind his house. <br />Associate Planner Gladhill clarified that it is more than dedicated park, but something that will <br />permanently and physically separate. <br />Associate Planner Gladhill asked the applicant if he understands that he can force a decision from <br />the Board this evening and asked if he is willing to give an extension for the decision and willing <br />to sign something to that effect. <br />Mr. Grundberg responded yes. <br />Board of Adjustment/December 2, 2010 <br />Page 2 of 3 <br />