CALLED TO ORDER: 5:30pm

PRESENT: Amy Zott, Bill Goulding, Edna Miller and Dan Snyder. Absent: Ron Patla and Bill Fell.
Excused: None.

MOTION: The minutes of January 15, 2008 were approved on a motion by Dan Snyder seconded by Edna Miller.

CITIZEN COMMENTS: None.

APPEAL: By Tim and Donna Bartelson regarding the property located at 324 S, Kane St for a variance from Section 315-54C(6) of the zoning ordinance, which states in part that accessory uses and detached accessory structures shall not be closer than three (3) feet to any lot line nor ten (10) feet to an alley line in all residential districts.

Appearing in favor of the variance request was Tim and Donna Bartelson, 324 S. Kane Street, Thomas and Mary Bird, 317 Edwards Street and Dave and Chris Ehlen, 309 Edwards Street, all of Burlington. No one appeared opposed to the variance request. The City, in the presence of Zoning Administrator Pat Scherrer, was opposed to granting the variance.

DISCUSSION: The applicants were requesting a five-foot variance to build a garage five feet from the alley line. Chris Ehlen pointed out that most of the garages on the alley were five-feet or less from the alley line. As some had been built with in the last ten years she wanted to know when the law had changed. Thomas Bird stated that he had built his garage in 2003 with a permit and a size variance from this board. The consensus was that the city was being unfair to the Bartlesons.

The Zoning Board Chair, Amy Zott, explained that State Supreme Court rulings starting in 2004 required that the zoning board base decisions on the criteria as set forth by Sate Statute. Further the Brevity of this ordnance left this board with very little discursion.

RULING: This Board is required to arrive at its decision base on criteria set forth in Section 315-106 - Findings of the zoning ordinance. There are two primary criteria in this appeal. Exceptional circumstances. There must be exceptional, extraordinary, or unusual circumstances or conditions, there are none; Economic hardship. As there is adequate space to build in accordance with requirements, this is a self-imposed hardship and therefore not grounds for a variance.

MOTION: No motion being made to grant a variances from Sections 315-54C(6) the variance was denied.

ADJOURNMENT: On a motion by Bill Goulding, seconded by Edna Miller, the meeting was adjourned at 6:15 pm on Tuesday February 26, 2008