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Regular Council Meeting <br />September 16, 1996 <br />5 <br />OPEN PORTION - 3 minute limit imposed by Chair. Those who wish to speak must first state <br />their name and address. This open portion is limited to discussion pertaining to the items under <br />"Old Business" only. <br />NEW BUSINESS <br />Consideration of 3' sideyard variance for Mr and N1rs Ted Lardner at 999 S.O.M. Center Road <br />.(BOA Case No. 96-7) <br />Council President Fixler said we all had in our packets correspondence from the architects with their <br />estimate. He asked one of the Lardners to speak and state what their hardship is. <br />Mr. Ted Lardner, 999 S.O.M. Center Road, said they are asking for an area variance to build a <br />detached garage that will encroach approximately 3' upon the 10' setback. The specific nature--the <br />practical difficulty in complying with the setback is the increased cost of the project by requiring them <br />to do extensive regrading of the building site. Even with the regrading they will need a system to <br />handle the extra run-off created by the extension of the drive into the garage. <br />Council President Fixler said Mr. Lardner had mentioned his next door neighbor had signed off on <br />this variance request. <br />Mr. Lardner said that letter should have been included in the packet they received. The 995 resident <br />with whom they share a driveway signed that they have no objection to a variance being granted. <br />Council President Fixler asked what the objection by the Board of Appeals members was. <br />Mr. Samac said the Board of Appeals members felt the applicant should comply with the setback <br />requirements and that there was-no hardship inherent to the land or practical difficulties in complying <br />with the letter of the .ordinance.., <br />Mr. Marquardt said he has looked at it and thinks they have put a lot of plaxuiing and a lot of pride in <br />this and it far outweighs the minor variance they are asking for. <br />Mayor Rinker said we asked them to paint an economic picture and this was not presented to the <br />Board of Appeals. The Board of Appeals did not have a practical understanding of just what it would <br />cost in order to come into compliance with the setback. Before the most recent change this would <br />have been in compliance. <br />Mr. Samac said when those garages (and the homes) in that area were built, the side yard setbacks <br />were 5'; now they are 10'. The Lardner's proposed garage is sort of on a kilter there- just a portion <br />of the proposed garage would be encroaching 3' into that setback. Mayor Rinker said he agrees with Mr. Marquardt. When we have people who are really promoting <br />improving their properties we ought to look at that it is important.