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02305M1 being a part of the City and County setbacks were different and the property was not subject to City zoning. Mr. Hatzenbuhler noted that to put the access on the west would cause unneeded additional paving. MRS: DERLETH THEN MOVED, SECONDED. BY MR. LERAAS, TO APPROVE,V,-60-79 BECAUSE SHE FELT THE REQUEST -WAS REASONABLE, AND PERHAPS THE"MDST:REASONABLE-SOLUTION FOR ACCES1. S_ TO -THIS PROPERTY GIVEN THE EXISTENCE OVA AND.TO PREVENT -FURTHER PAVING, AND BECAUSE SHE DID NOT FEEL IT WOULD BE DETRIMENTAL TO THE HEALTH, WELFARE, AND SAFETY OF THE NEIGHBORHOOD. MOTION CARRIED. V-63-79 ART FURBUSH - Variance to improve nonconforming structure more than 25% of valuation and to reduce front (west) setback and side (south) setback at 23931 Highway 99 (CG) Mr. Pearson showed slides of this structure (Pompeii's Restaurant). A 40' front setback from Highway 99 is required and the existing building is only 10' .from the highway and has a porch and steps on the front which protrude farther. On the south, the building is 4' from the existing right-of-way and 1' into the proposed right-of-way. A variance for a 0' setback is required for that side. Mr. Pearson recommended approval of the three variances based on the fact that the restaurant is there and extensions or alterations to the outside.of the building will be minimal. He further recommended that approval be conditioned on the applicant's dedicating 5' along 240th St. except where a portion of the building protrudes into it, and also conditioned on the applicant's consenting to ADB review of the landscaping as if it were a new building. The public portion of the hearing was opened. Skip Downing, representing the applicant, said they propose to upgrade the facility and the expansion will be on the south side of the building to upgrade the restrooms and bring the building up to code with regard to requirements for the handicapped. They will also enclose the stairwell and the 5' strip proposed to be used by the City will be landscaped until the City decides to change it. He said even if that landscaping eventually is removed they will still have the required 10% planted area in the parking lot. He noted that the stairs in front go down to the driveway which has been dangerous and they plan to change those to go directly west. He said they would prefer not to dedicate the 5' strip but retain it with a covenant to dedicate at such time as the City wants to use it. The public portion of the hearing was closed. City Attorney Larry Martin advised that Mr. Downing's request that they not make the dedication at this time may be acceptable, but he did not recommend that. This was discussed by the Board at length. Mr. Downing then asked to speak, and the public portion of the hearing was reopened. Mr. Downing said Mr. Furbish would follow the recom- mendation of the Planning Department and dedicate the 5'. The public portion of the hearing again was closed. MR. BYRD MOVED, SECONDED BY MR. LERAAS, TO APPROVE V-63-79 SUBJECT TO THE CONDITIONS THAT (1) THE ADB BE ALLOWED TO REVIEW AND APPROVE THE LANDSCAPING AS IF THIS WERE A NEW BUILDING, AND (2) THAT THE OWNER DEDICATE TO THE CITY 5' ALONG 240TH ST. FOR PROPOSED RIGHT-OF-WAY EXCEPT WHERE THE BUILDING PROTRUDES INTO IT. MOTION CARRIED. AGENDA V-68-79 EDWARD FREUTEL - Variance from required front (east) and side (north) setback at 18906 94th Ave. W. (RS-12) The reqquest was for a variance of 16' from the required front yard setback and a 4 1/2' variance from the side setback in order to construct a hobby shop attached to the house. Mr. Pearson said that because of the steepness of the lot it would not be possible to construct any sort of addition unless it were detached and at a large distance vertically and horizontally from the house. The proposed addition would extend the line of the existing house. Mr. Pearson recommended approval, noting that the proposed addition was of normal size for a shop and would not affect the privacy, light, or air of the neighbors. The public portion of the hearing was opened. The applicant said the space was badly needed and the size of the shop would be much smaller than a two -car garage. He said this is in a neighborhood of large trees and Sound views and no trees would be touched and no views would be adversely affected. The public portion of the hearing was closed. BOARD OF ADJUSTMENT Page 3 - October 17, 1979