Call to Order: Chairman George Sipe called the meeting to order at 7:38 on February 26th 2002 at City Hall.

Present: George Sipe, Skip Johnson Juan Armendariz, and David Hanson

Citizens Present: 3

Old Business:

New Business

210 Lakeshore Drive: Mr. Robert Cardwell presented plans for a fireplace that is being newly constructed on the side of a non-conforming structure. There is a variance request for the modification to the non-conforming structure. There is also a variance request for further encroachment into the side setback. The commissioners asked questions as to why Mr. Cardwell was unable to obtain a plat of his property from the County. The commissioners also asked for pictures of what the structure looked like before beginning construction of the fireplace. Mr. Cardwell stated that the fireplace would be an additional 26 inches into the side setback. The fireplace is already under construction and the Ordinance Enforcement Officer has placed a “Stop Work Order” on the structure due to lack of Use Permits. Chairman Sipe stated that the variance request is basically to go from 9 feet to roughly 6.5 feet into the side set back. Commissioner Skip Johnson motioned to approve the variance request. Commissioner Hanson asked to see drawings and a survey. He stated that the Board of Commissioners risks problems if they don’t have a site plan or survey. This variance is a very easy one to approve but the Ordinance is crystal clear when it states that the proper documentation is necessary for approval. Chairman Sipe then read 39-1202 which states as follows: All applications for Use Permits shall be accompanied by plans in duplicate, drawn to scale, showing the actual dimensions of the lot to be built upon, the sizes and the locations on the lot of any existing buildings or structures, the shape, size, height, use and the location on the lot of the building or structure to be erected, moved, added to or structurally altered and such other information as may be necessary to provide for the enforcement of this Ordinance.
There was much discussion and Chairman Sipe stated that the Ordinance states that a survey will meet this requirement for the Use Permit but it does not call out for a survey per se. There was more discussion and Mr. Cardwell explained in more detail the drawings before the Commissioners. Chairman Armendariz stated that he would approve the variance with the understanding that Mr. Cardwell will submit a drawing showing the lot with the location of the house on it. Mr. Cardwell agreed to submit this drawing.

Chairman Sipe then clarified the motion as follows: Commissioner Armendariz motioned to second the approval of the variance as advertised subject to additional documentation to be provided showing the lay out of the lot with the exact location of the structure and the location of the chimney. There was no further discussion. Approval of the variance was unanimous.

* Chairman Sipe reminded all those present that there is a 15-day period after a variance request is granted that any citizen can still come forward to contest this decision to City Council and then possibly be over turned.

Variance Guidelines: For a Variance to be granted each one of the following should to be true: 1. There are extraordinary and exceptional conditions pertaining to the particular property in question because of its size, shape, or topography. 2. The application of the Ordinance to this particular piece of property would create an unnecessary hardship to the owner of the property. 3. Such conditions are peculiar to the piece of property involved and such conditions are not the result of the individual property owner. 4. If granted, the Variance would not cause substantial detriment to the public nor impair the purposes or intent of this Ordinance.

12 Lakeshore Drive: A variance request to build a play fort within the rear setback at 23’ vs. the required 40’. A variance request to build within the side setback at 6.5’ vs. the required 12.5’. Mr. Rice stated that he became aware that a play set could in some cases be considered a permanent structure. He presented drawings of the play set. The Commissioners once again discussed the issue of a location drawing. Commissioner Johnson motioned to grant the variance with the contingency that Mr. Rice provide a drawing, which shows a “top down view” of the exact location of the play set on the lot. Commissioner Armendariz seconded the motion. Approval was unanimous.

Additional issues discussed by the P&Z were as follows:
1. Unanimous approval for a $50 dollar fee for a variance request.
2. Discussion of the P&Z Chairman’s proposal on overcrowding/apartments/family dwellings.
3. Discussion of Chapter 39-805-5; lakeside rear set back.