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Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Hendriksen, <br />LaDue and Shumway. Voting No: None. Absent: Commissioners Howell and <br />Holm. <br /> <br />Motion by Commissioner Shumway and seconded by Commissioner Hendriksen to <br />approve Mr. Jack Newcomb's request for a variance from Section 170.016B of <br />the City Code. <br /> <br />Further Discussion: Commissioner Hendriksen stated that he assumes the <br />motion to approve is based on the fact that an ordinance enacting setbacks <br />created a hardship which does not generally apply. Commissioner Shumway <br />agreed with Commissioner Hendriksen's statement. <br /> <br />Motion carried. Voting Yes: Chairman Zimmerman, Commissioners Hendriksen, <br />LaDue and Shumway. Voting No: None. Absent: .Commissioners Howell and <br />Holm. <br /> <br />Case #2: <br /> <br />Request For Variance From Section 170.015G Of The City Code <br /> To Construct An Accessory Structure Prior To ConstructioB Of <br /> The Principal Building: Case Of Mr, Wayne Swedal: <br /> <br />Mr. Swedal was present and stated he owns three parcels and his home is <br />constructed on the center parcel. Be plans to build his retirement home on <br />one of the adjacent parcels at some time in the future; in anticipation of <br />that, he is requesting to build an accessory structure on the parcel he <br />ultimately plans to reside on. <br /> <br />Commissioner Hendriksen noted that in his opinion, the ordinance regarding <br />garage and accessory structure size limits is not being interpreted the way <br />the ordinance was intended. Commissioner Hendriksen stated he has no <br />opposition to Mr. Swedal's request, especially since Mr. Swedal is the <br />owner of the lot and resides on the adjacent lot but there is no guarantee <br />that Mr. Swedal will always be the owner. <br /> <br />The Commission is agreeable to Mr. Swedal's request but granting the <br />variance should be based on an extenuating circumstance. <br /> <br />Commissioner LaDue suggested that conveyance of the lot on which the <br />accessory structure is constructed could be restricted until a building <br />permit is applied for either by Mr. Swedal or someone else. <br /> <br />Motion by Commissioner Hendriksen and seconded by Commissioner Shumway to <br />table action on Mr. Swedal's request; that the Commission's consensus be <br />communicated to the City Attorney; that the City Attorney draft a <br />restrictive convenants or whatever would be appropriate; and that a special <br />Board of Adjustment meeting be scheduled for Tuesday, July 7 at 7:00 p.m. <br />to address Mr. Swedal's request. <br /> <br />Motion carried. Voting Yes: <br />Shumway and LaDue. Voting No: <br />Holm. <br /> <br />Chairman Zimmerman, Commissioners Hendriksen, <br /> None. Absent: Commissioners Howell and <br /> <br />Board of Adjustment/July 2, 1987 <br /> <br />Page 3 of 4 <br /> <br /> <br />