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Minutes of the Meeting of June 24, 1999 Page 20 Resolution No. 99 -184, Granting a Conditional Use Permit Amendment to Reduce the Side Yard Setback from 50 Feet to 36 Feet, Moharram and Karen Akbari, 3300 Rodeo Drive NE, (Case File No. 99- 41 /LST) Action 99 -337 (Al 11.6) Moved by Councilmember Rose, seconded by Councilmember Daniels, that Resolution No. 99 -184, "Granting a Conditional Use Permit Amendment Per Section 27.04 of the Zoning Code of the City of Blaine, Moharram and Karen Akbari, 3300 Rodeo Drive NE," be approved. The Community Development Director stated the applicant was requesting, under the DF (Development Flex) zoning, an amendment to the Conditional Use Permit which would allow the construction of a new home with a 36 -foot side yard building setback on both sides of the home rather than the 50 foot side yard setback generally envisioned. The applicant was proposing to construct a home of approximately 2,535 square feet with a footprint width of approximately 77 feet. Given the lot width of 198 feet at the front edge of the site and the lot's tapered dimensions, the required 50 -foot side yard setbacks were not practical for the type of upper scale home expected in the North Oaks West development was to be constructed on this lot. The front of the lot was lower and contained some wetlands that pushed the home farther back onto the lot. The Community Development Director noted another unresolved issue was the location of the septic system that the property owner can address tonight. Moharram Akbari, applicant and buyer of the property, stated he selected this lot because of the large size and wetland areas. He stated they have no choice on the location due to the impact to trees and need for fill. He stated they spoke with a septic system designer about the size and location and there were no options but to build the house in this location. Craig Fisher, 3250 Rodeo Drive, stated he had questions about the difference between a variance and conditional use permit amendment. He stated that with a conditional use permit a hardship was not needed and he was concerned about the integrity of the entire area. He noted the original setback was 50 feet. Mr. Fisher stated that his back yard will lose its privacy and his house may not be salable. He stated another concern was that there was a purpose for the original requirements and they should not be compromised. He suggested the applicant be required to find an altemative even if it required additional fill. Mr. Fisher urged the Council to take a stand and not compromise these requirements by approving this request. He noted the size of the house and large (42 feet long) garage being proposed. He asked if the consideration was to increase the tax base or uphold the requirements. The Community Development Director stated the 50 foot setback requirement was part of the Development Flex zoning so to change the setback, the development plan, which was established through a conditional use permit, must be amended. Mayor Ryan noted the key was where the percolation tests identified the best location for the septic system. Mr. Akbari stated the side elevation contained only one window and they may reduce the size of the attached garage from a four -car to a three -car garage if they were allowed to construct a detached double garage at a later date. He noted this was not the first time the Council had considered such an amendment. He asserted that they were not asking for something unusual that had not been granted to others. The Community Development Director stated he was not able to indicate whether a detached garage could be constructed in the rear lot. Councilmember Clark stated he would not support the variance because going from a four -car garage to a three -car garage was not a hardship consideration, but a luxury.