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recommended by the Plauuing and Zoning Commission on March 19, MotiOn carried. Vot£ng Yes: Chairman Zi~erman, Co~isslonet$ Deemer, LaDue, Hendriksen, Shumway and ~owello Voting ~o: ~ Request For ¥~r~anc~ From ~um ~{~ht Allowance For Ms. Norris stated that Mr. Erikson'~ building peri: application indicated that t~e structure would be a standard ~araEe vit~ a full basement; there vas no indication that it would exceed height res~rictlons. During construction, Mr. Eriksou's contractor ~nformed him t~at for not much d~fference in cost he could change the roof pitch to allow usable space above t~e garage- Mr. Eriksou proceeded w~th that change to con~truction~ t~e Building Inspector noticed the ~e~Eht violation and ~mposed a stop work 'order. Mr. Erikson sta~ed that he d~d not ~uteut~onally v~olate restrictions a~d noted t~at ~is property is zoned B-1 and ~e would allowed to build a 35' ~ig~ off~ce building. Co~ss~oner De,er note~ t~at Mr. Erik~ou's partially constructed ~s w~t~ set~ack for B-1 zones; he would also ~ave to su~mit a ~ite plan to construct an office building. Mr. Er~kson stated that when he applied for the building permit, mentioned he would be haw~nE a lof~ area t~at obviously s~ould have been recognized as exceeding the 16 feet height requirement and vas not. Ms. ~orr~s stated t~at after further rev~e~, ~taff ~as also dete~ued that Mr. Er~kson's ~u~ld~ng emcroaches t~e setback. Discussion ensued whet~er or ~ot t~e accessor~ structure ca~ be considered as beimg located in front of t~e principle structure accordim~ ordluances t~at address corner lots. Mr. Erlkson stated that curre~tl~ ~e would use t~e building for storage but i~ t~e future ~e would like to convert it to au apartment and office space. Motio~ ~y Commissioner go,ell a~d seconde~ ~y Commlss~ouer LaDue, for discusslon~ that due to t~e circumstances ~nvolwed and errors made ~y staff and the applicaut~ Mr. Jeff Erikso~'s aase be referred to t~e City Attorney and City Council. Further D~scussio~: Co~issioner ~endriksen stated t~at if action ot~er t~an deu~al is Eoi~ to ~ake place, t~en the issue of a site plan also be addressed. Chairman Zi~merman noted t~at o~e of Er. Erikson's options vould be to Eo tkrouE~ a site plan for a building ~n a B-1 zone; a site plan and survey vould also Drove whether or not C~e building is t~e setbaak. Mr. Eriksou repeated t~at he te!d Mr. Virz t~at the bu vould have a loft; Mr. Wirz should have recognized at that time t~at the building would exceed 16' in height. Mr. Eeudriksen noted that possible to build a garage vith a loft and not ~ceed 16 feet. Board of ~ju~tment/March 26, 19S7 Page 3 of 4