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, Minutes of the Regular Council Meeting, May 11, 1987 . Page 3 CASE NO. 87-12; Council was referred to Planner's report (4-10-87), FRONT SETBACK Planning Commission minutes (5-6-87) and Board of V AR. , ANDERSON Appeals minutes (4-23-87). Miller reviewed the background of the Minor Subdivision of this parcel, approved by Council in December 1986. The parcel does not have public street frontage and is accessed by private easement. The Planner identified the steep slope at the rear of the Anderson lot and noted that if the applicant maintains the 40 ft. front setback, the rear of the proposed house will be at the base of the slope. The applicant has applied for a 20 ft. variance, to avoid drainage problema and to create a more usable rear yard. Council was referred to a letter from Engineer Barry Peters (4-22-87), stating he has reviewed the request and is comfortable with the variance as proposed. Peters asked the Planner to relate to the Council that the letter should not be considered as a recommendation for or against approval of the requested variance. Miller explained that the property is very isolated from Lake Johanna Blvd. and the two adjacent homes south of the parcel are setback approximately 10-15 ft. from the access easement, which already establishes a lesser setback. . Futhermore, Miller advised that at the time Council approved the subdivision of these two parcels, he had commented that the lots would be buildable without variances, however, the applicant has chosen to request the variance to create a more usable rear yard and to cauae less disruption to the rear slope of the property. Council discussed if the property owners to the south of the parcel would be affected by drainage problems. Clerk Aministrator advised that any improvements of the access easement must be approved by the Engineer. Planner commented that approval of the requested variance would not relieve the property owner of his responsibility not to create further drainage problems, as stipulated in the conditions of approval of the minor subdivision. There was discussion relative to construction of the home on the parcel without the requested variance. Mark Anderson, applicant, advised that an architect designed the home so that it would not create further drainage problems for the adjacent properties to the south. Anderson advised he is working with the Barry Peters on the improvement of the access easement and has discussed the creation of a culvert to divert water from the southerly lots. He noted that all the conditions stipulated in the minor subdivision approval have been accomplished, with the . exception of the access easement improvement. Moved by Hansen, seconded by Sather, that Council approve Case No. 87-12; Front Setback Variance, on the basis of the hardship imposed by the steep rear slope of the land, the parcel is located on a private roadway that is isolated from the main street, and that other homes south of this site are not in compliance with current setback requirements. Motion carried. (Hansen, Sather, Peck, Winiecki voting in favor; Woodburn opposed) (4-1) CASE NO. 87-15; Planner Miller reviewed his report of 4-29-87, and SITE PLAN REVIEW referred Council to Planning Commission minutes of & V AR, ALPO FOODS 5-6-87. The Planner stated the lot is currently zoned I-I and adjacent to a residential development, therefore, a 75 rt. setback is required. Since the Planning . Commission meeting he had discovered a zoning map, which was in effect prior to the State releasing the land proposed for Highway 5l, that shows the boundary line for the zoning district along the rear property line for Alpo Pet Foods. After discussion with the Zoning Administrator, it was determined that Alpo had not acquired any of the land released by the State and, therefore a variance was necessary. Miller pointed out that since the variance was identified after the Board of Appeals held their meeting, Council may consider referring the variance to the Board of Appeals for review and recommendation back to Council.