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01941and three floors. Mr. Westlin said that if they are required to eliminate one unit.they will just eliminate the one unit from the top floor, still leaving one unit there and not lowering the building. He displayed drawings of the building. The public portion of the hearing was then closed again. Mr. Roy said his nay vote was not because of the density question, but because of the time element. He said when you invest in property there is then time required to borrow money and work up plans, and when you are prepared to build six units it is not fair to cut the number down. He said his vote was based on what he thought was fair regarding the e amount.of time involved. Regarding the parking situation, he commented that the people in the houses are parking in the street whereas the people in the proposed apartment building would be parking in their own parking places on site. Mrs. Stole also spoke to the parking situation, noting that most parking for the library is at night and that the sports field across 6th Ave. creates parking problems. She added that a small business at the subject location could be less attractive than an apart- ment building. Also, she noted that if one unit is eliminated that will cause the others to cost more per unit, forcing higher prices. Mr. Robinson asked whether the owner had attempted to acquire sufficient additional property to qualify for six units. Mr. Westlin responded that the adjacent property owner was Mrs. Tuson, and he was sure she would not entertain such a suggestion. Mr. Visser felt if the density were relaxed for one applicant it would have to be done for others, and he did not feel they would be justified in going beyond the ordinance requirements. Mr. Robinson did not feel there was justification in granting the variance on the basis of elapsed time, and he was concerned that the Board may set a precedent. Mr. McQuade responded to Mr. Visser's and Mr. Robinson's thoughts, saying the Board's criteria does not set precedents, that each case is decided on its own merits, and by granting or not granting a variance the Board is not setting a precedent. He said the Board does not have to give one case the same as it gives another. Mr. Roy reiterated that he felt the change in the density clause happened too quickly. A MOTION WAS THEN MADE BY MR. ROY TO.APPROVE V=41-71 BECAUSE 'OFTHE TIME ELEMENT, IN.THAtJWO MONTHS PREVIOUSLY.IT WOULD HAVE MET ALL THE'CRITERIA AND. HE. KNEW IT TOOK SIX,MONTHS.TO-A YEAR To DEVELOP A PROJECT. FURTHER, MR. ROY DID NOT'FIND THIS DETRIMENTAL TO THE HEALTH,- WELFARE AND _MORALS OF;THE'NEIGHBORHOOD,�AND HE DID NOT FIND THAT PARKING WOULD BE 'IMPACTED. BECAUSE OF`THE PROPOSED APART14ENT;BUILDING. MR McQUADE SECONDED THE MOTION. 'A ROLL:CALL VOTE WAS TAKEN, WITH MR. ROY; McQUADE, BAILEY,.AND MRS. STOLE AND STEINKE VOTING YES, AND WITH MR. ROBINSON, VISSER, AND LERAAS.VOTING NO. MOTION CARRIED. V-42-77 FLOYD H. KENNEDY - Variance of 2z' from required 72' side yard setback at 20615 81st W. (RS-8) Mrs. Block said the applicant wished to build a cover fora 23' boat and trailer. She showed slides of the site and said this would not amount to a rezone, there were no unusual circumstances, and strict enforcement of the Zoning Code would prohibit construction. She noted that the boat could be parked there even without the cover and that this was the most practical location for it. It appeared it would affect only one neighbor, the one'to the south. That neighbor had indicated by letter no objection, provided the runoff would not invade his property. Mrs. Block said the applicant had agreed to that condition. Mrs. Block said this would be a minimum variance to allow covered storage for the boat and, although the side setback would be reduced it would still be 5' and should not inter- fere with the property rights of the neighbor other than what had been indicated. She recommended approval. The public portion of the hearing was opened. BOARD OF ADJUSTMENT MINUTES Page 4 - September 21, 1977 l- ob