Agenda - Council - 08/13/1985 - Special

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PROPOSED FINDINGS OF FACT PETER NIEDER 1) That the Applicant has pFoperly applied for a Board of Adjustment hearing to construct an accessory building larger than allowed by City Ordinance. 2) ThAt the Applicant appeared before the Board of Adjustment for a public · hearing on April 26, 1983 and that said public hearing was properly advertised and that the minutes of said public hearing are hereby incorporated as a part o~ these findings by reference. 3) That the Applicant's property is approximately one acre in size and it is Plat 89215, Parcel 4405. 4) That the Applicant's request is to build an accessory building with minimum dimensions of 32' x 30' in addition to an existing 12' x 16' accessory building. 5) That said accessory building would result in accessory buildings of 1,152 square feet. 6) That City Ordinance restricts accessory buildings on parcels of land of less than 2.5 acres to a maximum of 624 square feet. 7) That the City Ordinance, on a parcel of property of this size, would allow for an attached garage of 864 square feet and a detached accessory building of 624 square feet for a combined total of 1,488 square feet. 8) That there are not exceptional, unique or extraordinary circumstances or conditions applying t~ the property in question as to the intended use of the property that do not apply generally to other 'properties in the same zoning district. 9) That such variance is necessary not for the preservation and enjoyment of a substantial property right similar to that possessed by other properties in the same district and in the same vicinity. The possibility of increased financial return shall not in itself be deemed sufficient tow arrant a variance. 10) That the authorizing of such variance will not be of substantial detriment to adjacent property and will not materially impair the intent and purpose of this Ordinance ~r the public interest. 11) That the condition or situation of the specific piece of property, or the intended use of said property, for which the variance is sought, is not of so general or recurrent a nature as to make reasonably practicable the formulation of a general regulation for such conditions or situation. 12) That the variance observes the spirit and intent of this Ordinance, pro- duces substantial justice and is not contrary to the public interest. 13) That properly constructed, the building would comply with the requirements of the State Building Code.