ITEM TITLE:
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Approval of Variance Application #19-01 from Mary Mehlberg for a 12-foot Tall Retaining Wall on Lots 54 & 55, Block 2, Mineral Creek Heights Subdivision
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SUBMITTED BY: Kate Huber, Senior Planner
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
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Approve Variance Application #19-01 from Mary Mehlberg for a 12-foot tall retaining wall on Lots 54 & 55, Block 2, Mineral Creek Heights Subdivision.
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SUMMARY STATEMENT:
On April 5, 2019, Mary Mehlberg submitted an application for a variance to allow the construction of a retaining wall on her lots 54 & 55, Block 2, Mineral Creek Heights Subdivision. The retaining wall is 12 feet tall at its highest point. VMC 17.48.070 states that "any fence, wall or hedge may not exceed four feet in height along the side yard within the front yard setback or along the front property line". Because the planned retaining wall exceeds four feet in height, a variance is required before the building permit application can be approved during a zoning review. As defined by VMC 17.06.050, "a variance grants an exception to a standard of a zoning district but not to the use restriction of that zoning district, and then only when unusual physical characteristics of the land make application of the standard an undue hardship". In the case of a variance the following provisions shall apply:
1. A variance or exception shall not be granted that will permit a land use in a district in which that use is prohibited.
Variance Application #19-01 is for a wall to be constructed to allow for the construction of a single-family residence, which is a permitted principal use in the zoning district. (VMC 17.14.020)
2. A variance or exception shall not be granted because of conditions of financial hardship or convenience, or when caused by actions of the applicant seeking relief.
The applicant cites lot topography as reason for variance, not financial hardship.
3. There...
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