3430 WETMORE AVE 2018-01-02 MF Import

BOARD OF ADJUSTMENT FINDINGS, CONCLUSIONS AND ORDER (variance b5-86) Based upon the written request for a variance from the City's zoning code, specifically 19.42.040(A) , made by Dick Maultsby at NW corner of 35th h Wetmore, hereinafter referred to as "Applicant," the Board of Adjustment, following a public hearing on said application held on April 7, 1986, and further having reviewed all testimony, makes the following Findings, Conclusions, and Order: FINDINGS AND CONCLUSIONS: 1. That there have been exceptional or extraordinary circumstances or conditions applying to the subject property or as to the intended use thereof that do not apply generally to other properties in the same vicinity or zone. a. Finding: The lot is a corner lot 50' x 119' located in the R-3', zone. The Applicant is proposing to build a four-rlex unit. A, setback requirement for a corner lot is 10' 61a the side yard. The applicant is proposing to go to 51. 35th Street is an 801, right-of-way. b. Conclusion: The variance would allow more room for underground parking on this lot. 2. That such variance is necessary for the preservation and enjoyment of a substantial property right of the appellant possessed by the owners of'' other properties in the same vicinity or zone. a. Finding,: The proposed plan allows for under -structure parking., The proposed plan would work on an interior lot, however a corners, with the required setback does require a variance. b. Conclusion: The variance would be consistent with other propertyi in the zone. 3. That the aorization of such variance will not be materially detrimental to the public welfare or injurious to property in the vicinity or zone in which the property is located. a. Finding: The proposed variance is adjacent to public right-of-way on 35th St. which is 801. b. Conclusion: The variance will not impact 35th St. or adjacent) property,. 2230F