8/8/1995 - Laserfiche WebLink

Home Browse Search

Commissioner Tippin recalled he had argued for exceptions.in the past and recounted a situation of selling his own brother a five -acre piece away from a paved road. MOTION WAS MADE by Commissioner Eggert, SECONDED BY Commissioner Bird, to approve staff's recommendation to deny the request. Under discussion, Chairman Macht asked Director Boling if it was possible for the square footage to be expanded under the accessory dwelling rule because the occupant of the proposed dwelling is disabled. Director Boling explained that the variance criteria always deals with hardships related to the property itself, not to the occupants. Also, the variance ordinance specifically prohibits variances to specific land use criteria that are put in place for special uses, such as accessory dwelling units. So, unless the LDRs are changed, there's no way to expand the 750 square feet. Commissioner Bird was sympathetic, but thought the situation was very clear. He pointed out that innumerable similar cases have been denied at staff level. He felt the staff should be supported in their interpretation of the very clear ordinances the Board has adopted. Mr. Ferguson added the 750 square foot restriction requires the dwelling to be on the same piece of property and there would be no bank financing available for the project. In the future, he would have no problem paying his portion for the road paving, but now it wasn't feasible for a half acre. Commissioner Bird noted that if a large undeveloped property to the south ever develops, staff would require them to make a connection to 62nd Avenue. If so, they would require it to be paved through to 33rd Street, which may open other options. THE CHAIRMAN CALLED THE QUESTION motion carried 4-1, Commissioner opposed. 23 and the Adams August 8, 1995 ED;c M,f,'�t : 871