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