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Board denies after-the-fact variance allowing Hirman dwelling to remain inside 10-foot side setback
Summary
The Douglas County Board of Adjustment denied an after-the-fact variance for Craig and Lisa Hirman that would have allowed a principal dwelling to remain within a 10-foot side setback in Cranberry Cove, finding no unnecessary hardship. The denial followed testimony for the applicants and opposition from a neighbor.
The Douglas County Board of Adjustment considered application #26-2, an after-the-fact area variance for Craig and Lisa Hirman to allow a principal dwelling to remain within the 10-foot side lot line setback in the RR-1 residential-recreational zone at Lot 13, Douglas County Plat of Cranberry Cove (Town of Wascott).
Attorney Reese Sarnowski testified on behalf of the Hirmans. Robert Streiff testified in opposition, stating that "no hardship exists and that the situation is self-created," and he noted a survey he had completed. Joseph Sorenson, the prior contractor, also testified to the reasoning behind the home's placement. After hearing testimony, the board voted to deny the application.
Mary Lou Bergman moved, and Scott Sorenson seconded, to deny the variance on the finding that unnecessary hardship was not present and the condition was not due to a physical limitation of the property. The motion passed on a roll call vote, 420Yes, 020No; Larry Kappes and Gary Saari were absent.
The record notes that the RR-1 side lot line setback is 10 feet; the application sought to allow the dwelling to remain inside that setback. The board27s denial leaves the matter subject to any compliance or permitting steps required by the county.
