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the subject property. Further Discussion: Commissioner Hendriksen suggested that an Item ~13 be added to the findings indicating that at the time the building permit was applied for, the applicants were informed that the principal structure with the porch would not meet the city building code. Commissioner Hendriksen stated that one criteria for approving variances he feels this request does meet is that one which states the property will not yield a reasonable return if used in compliance with ordinances. Commissioners Holm and LaDue agreed to the addition of Item #13 to their motion. Commissioner Hendriksen stated the the only hardship is lot size and that was approved during plat approval. Commissioner Holm disagreed and stated that he feels it is the lot shape that creates a hardship and limits use of the property. Commissioner Hendriksen stated that the applicants' created the hardship by building a house too large for the lot; suggested that each amendment to the findings of fact be considered separately. Commissioners Holm and LaDue withdrew their motion. Motion by Commissioner Holm and seconded by Commissioner Terry to amend Item f~7 of Findings of Fact 0185 to read as follows: 'That the Applicants are requesting a variance to construct a 12' x 14' porch which will leave a rear yard of approximately 30 feet.' Motion carried. Voting Yes: Chairman Shumway, Commissioners Holm, Zimmerman, Hendriksen~ LaDue and Terry. Voting No: None. Absent: Commissioner Howell. Motion by Commissioner LaDue and seconded by Commissioner Terry to amend Item ~8 of Findings of Fact 0185 to rea~ as follows: 'That the Applicants are requesting a variance of approximately 5 feet from the required 35 foot rear yard setback.' Motion carried. Voting Yes: Chairman Shumway, Commissioners Holm, Zimmerman, Hendriksen, LaDue and Terry. Voting No: None. Absent: Commissioner Howell. Motion by Commissioner Hendriksen and seconded by Commissioner Zimmerman to amend Findings of Fact 0185 by adding Item ~:!3 to read as follows: 'That the Applicants were informed prior to construction of the principal ~tructure that the three-season porch would encroach the rear yard setback and not be permitted under existing building regulations.' Motion carried. Voting Yes: Chairman Shumway, Commissioners Holm, Zimmerman, Hendriksen, LaDue and Terry. Voting No: None. Absent: Commissioner Howell. Motion by Commissioner Holm and seconded by Commissioner LaDue to amend Item 2 of Findings of Fact 0185 to read as follows: 'That the Applicants have provided proof of a hardship on the subject property.'' Motion failed. Voting Yes: Commissioners Holm and LaDue. Voting No: Chairman Shumway, Commissioners Terry, Zimme?man and Hendriksen. Absent: Commissioner Howell. Board of Adjustment/October 29, 1987 Page 4 of 5