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CASE ~1: <br /> <br />REQUEST FOR VARIANCE FROH NAXINUN REI6RT ALLOI/ANCE <br />FOR ACCESSOR~ STRUCTURE; <br /> CASE OF NIl. ~FF ERIKSON <br /> By: Anne Norris, Community Development Director <br /> <br />Background~ <br /> <br />Mr. Jeff Erikson is requesting a variance from the maximum height allowance <br />for a partially constructed accessory structure at 15270 St, Francis Blvd. <br />N.W. Hr. Erikson originally applied for and was issued a building permit <br />to construct a one-story garage (26' x 36') which was proposed to be <br />consistent with the height allowance for accessory structures. Hr. Erikson <br />has stated that during construction he revised his plans for this structure <br />without first reviewing the revisions with the City's building department. <br />Both Mr. Wirz and Mr. Erickson of City staff noticed the change in <br />construction and issued a 'stop work order' to Mr. Erikson. <br /> <br />The building permit was issued to Hr. Erikson using the yard facing St. <br />Francis Boulevard as the front yard since the property address is St. <br />Francis Boulevard. Section 170.015G of the City Code states that detached <br />accessory structures on corner lots shall not project beyond the side yard <br />setback requirements of the principal building. The structure is located <br />approximately 40 feet from the right-of-way of 153rd Avenue N.W.; the <br />required side yard setback for the subject property is 20 feet. <br /> <br />The subject parcel is located in the B-1 Business District; the principal <br />use of the property is residential. Section 170.015G of City Code states <br />that all accessory structures shall not exceed 16 feet. Mr. Erikson is <br />requesting a variance to this requirement as the proposed structure will be <br />approximately 22 feet tall. <br /> <br />For your information, enclosed are the following items: <br /> <br />a) Application <br />b) Site location map <br /> c) Building permit application dated December 22, 1986 <br /> d) Stop work order dated March 3, 1987 <br /> e) Proposed findings of fact <br /> f) Draft variance <br /> <br />Observations: <br /> <br />As you recall, the Commission tabled action on this and requested that the <br />City Attorney review Mr. Erikson's request in order to clarify whether the <br />structure should be considered in terms of residential or business zoning <br />requirements. The City Attorney determined that even though the property <br />is located in the B-1 Business district, the principal use of the property <br />is residential. Therefore, Hr. Erikson's request should be considered as <br />an accessory structure to a residential use. <br /> <br />Mr. Erikson has commented that compliance with the height restriction would <br />create a financial hardship for him. As you know, financial considerations <br />alone cannot be considered a hardship in variance requests. <br /> <br /> <br />