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Case #2: Request for a Variance to the Side Yard Setback; Case of Kevin and Christine Graphentcen Chairperson Nixt closed the regular portion of the Board of Adjustment meeting at 7:24 p.m. in order to conduct the public hearing. Public Hearing Chairperson Nixt called the public hearing to order at 7:24 p.m. Presentation Community Development Director Frolik stated that Mr. and Mrs. Graphenteen have applied for a variance to the side yard setback for coruer lots, in order to keep the accessory structure in its current location. City Code requires a thirty (30) foot side yard setback on coruer lots for both principal and accessory structures. The Applicants' accessory structure currently sits about four feet from the side property line. The subject property is bounded by 1464 Avenue to the north and Fluorine Street to the east (it is pie shaped, narrowing to a point at the west edge). The Applicants placed the shed in its current location in an attempt to leave adequate space to install a deck off the back of the house that would not overlook the accessory structure. Furthermore, the Applicants did not want to obstruct their view of a garden located at the west edge of the property. The Applicants' property is rather narrow. Community Development Director Frolik explained that although Staff understands that the Applicants are trying to create a serene environment in their backyard, the hardship can be considered self-created. Thus, Staff is recommending denial of the variance. She noted letters of support received from the properties highlighted on the map on display. Citizen Input Kevin Graphenteen, applicant, stated when he proposed the shed he came to the City Hall with plans purchased from Menards that showed three sizes of sheds. He stated he asked if a building permit was required for an 8' by 12' shed. City staff said a building permit was not needed. He stated he showed her a survey of his lot and City staff said to keep it off the property line a little ways, which he did. The garage was almost done when the Building Inspector wrote a letter saying it had to be 40 feet off the line. He stated he talked to Jerry Streich and Sylvia Frolik and Ms. Frolik said it needs to be 30 feet off the line. However, that would place it in the area of his back yard where he wanted to construct a deck or three-season porch. He stated he would prefer to not relocate the garage since it would also impact his garden. Mr. Graphenteen displayed pictures identifying the location where the shed would have to be located to meet Code. He explained that he has a pie-shaped lot so he located the shed in an area where it was not as visible. He stated it will cost him quite a bit to move the building since it has a $375 cement slab that would have to be removed by hired help and another one installed. Mr. Graphenteen stated he believes he did what he was supposed to do by going to the City before he built. He stated he also has a letter from the postman who was in City Hall when he was told by staff that the shed Board of Adjustment/November 7, 2002 Page 5 of 7