02082MOTION:
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Mr. Paul Roy excused himself from the Board at this time due
to the fact that he works with Mr. Zapara. Ms. Medina stated
that she looked at this property and it appeared as though
the footings had already been placed. Ms. Luster said that
a Stop Work Order had been placed on this site as the footings
were placed prior to obtaining a permit. Ms. Medina inquired
as to whether the code had a minimal requirement system, Ms.
Luster stated that the maximum total square footage of accessory
structures is 1,000 square feet. The public portion.of the hear-
ing was opened.
Mr. Lenard Zapara stated that the neighbors are complaining be-
cause he is too close to the property line, but hP cannot put
the carports anywhere else or he will have to cut down the trees.
Mr. Zapara asked if he could get a permit if he had a 10' setback.
Ms. Luster stated that it would first have to be determined it the
structure did not exceed the 1,000 square feet total for the ac-
cessory structures. If you did not exceed this limit, you could
build this structure 10' from the property line. Mr. Zapara said
that he did not understand the fire hazard situation because this
structure would be on an entirely different piece of property.
Ms. Luster stated that there was a letter in the file from the ad-
joining property owner and she thought it would be advisable for
Chairwoman Alice Stole to read it so the applicant Was aware of
the contents. Ms.'Stole read the letter from Donald H. Drew of
9820 Cherry dated April 12, 1979. The letter was addressed to
the Planning Department. It stated that Mr. Zapara, at the pre-
sent time, already has two buildings, which for all practical
purposes, are on his property line. He went on to say that forms
for pouring the• garage foundations (in.conjunction with the struc-
ture which is herein being discussed) were in place virtually on
51' of his property line. Mr. Drew stated in the letter that he
strongly objected to any variance which would allow a side yard
any closer to his property line than allowed in the code. City
Attorney Wayne Tanaka asked Mr. Zapara if there were any other
structures on this lot other than the existing barn. Mr. Zapara
stated that there wasn't. Mr. Tanaka said that there would be
another variance required to build a structure on•a lot where
there is no primary structure. Therefore, Mr. Zapara will need.
a variance for that plus the variance which he is now requesting.
Ms. Luster stated that the Board should take action on the request
which is now before them as this decision will make a difference
as to how far the applicant can go. She further stated that the
accessory structures can be up to 1,000 square feet total.
The two accessory buildings which now exist have approximately 500
square feet combined, and this planned structure involves 1,525
square feet. Therefore, it appears Mr. Zapara could not get a per-
mit to construct this building because of the number of square feet
involved in total. The public portion of the hearing was closed.
Mr. Harold Hatzenbuhler stated that this request is not a minimum
variance and it would be detrimental to. the neighborhood,, MR.
HATZENBUHLER.MOVED, SECONDED BY:MR. LERAAS, THAT THIS.VARIANCE.BE
DENIED BECAUSE IT IS NOT A MINIMUM VARIANCE AND IT WOULD;DEFINITELY
IMPACT•THE,ADJOINING PROPERTY. MOTI.ON'CARRIED.
BOARD OF ADJUSTMENT
Page -6- April 18, 1979
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