Resolution - #91-11-248 - 11/14/1991

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11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. That the Applicant is proposing to construct an accessory structure measuring 12' x 24'. That the Applicant cannot enlarge the existing attached garage on the property towards the front yard (west) without encroaching on the required setback from a thoroughfare. That septic, drainfield and well locations prohibit the Applicant from constructing the accessory garage in the north yard. That the south yard has been diminished by the subsequent construction of 177th Avenue N.W. to a point where it cannot accommodate an accessory structure in addition to the 35 foot comer side yard setback. That the Applicant is proposing to place the accessory structure south and east of the existing principal structure at a point which measures approximately 12 feet from the comer side property line. That there are unique circumstances applying to the subject property that do not generally apply to other properties in the district; namely that the subsequent alignment and construction of 177th Avenue N.W. resulted in the subject property becoming a comer lot with greater development restrictions. That the unique circumstance on the subject property does not result from the actions of the Applicant. That the Applicant has stated that such a variance is necessary for the preservation of a substantial property right similar to that possessed b.y other properties in the R-1 Rural Residential District. That similar variances have been granted in the R-1 Rural Residential District. That if granted, the variance will not substantially increase the congestion of public streets, or increase the danger of fire, or endanger the public safety, or substantially impair property values within the neighborhood. That if granted, the variance will not violate the intent of the Comprehensive Plan. That if granted, the variance will not grant the Applicant any special privilege that is denied to other owners of lands, structures or buildings in the same district. That the variance requested is the minimum variance which would alleviate the hardship. The motion for the adoption of the foregoing resolution was duly seconded by Commissioner Deemer and upon vote being taken thereon, the following voted in favor thereof: Chairman Terry Hendricksen Commissioner David Bawden Commissioner Charles LaDue Commissioner Ben Deemer Commissioner Bradley Thorud and the following voted against the same: None