09/26/1991 Minutes - Laserfiche WebLink

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_y in the foundations of the houses that have crawl spaces and wood joists, but since this is to be on a slab on grade this would not be a factor. He further stated that the code requires 15 foot minirrnim distance from structure to structure, the only variance requested is for the 4 foot total side yards on his property. Mr. Kazak stated that this property has been that size since 1952. Residents responded that the lot had not been a 40 foot lot since 1952, that there had been one lot which was split off about 25 years ago to make two 60 foot lots and this 40 foot lot remained. They had been told by the Law Director that only Mr.Ruben, the original owner, could build an this property under the "grandfather clause". They also stated that the owner never maintained the lot, the adjacent neighbor had to. Mr. Conway will research to find out how and when this property was split off and if the property was legally divided, but tmdersized lots can be developed provided the zoning code is complied with. However in this case a variance will be requested for the side yard. The neighbors viewed the, site plan, and objected to a two car detached garage on tha.t size lot. The members decided to vote on the proposal with the condition that the Board of Zoning Appeals grant the variance and that the Engineering Department will review the drainage. J. Kazak moved to accept the proposal to construct a dwelling on permanent pa.rcel rnamber 235-14-59 for James A. Miller, pending a variance being granted by the Board of Zoning Appeals and conditioned on the Engineering Department approving and accepting the site plan and drai.nage, seconded by D. Spoerke, and unanimously approved0 It was explained to the neighbors that the proposal would go on the the Board of Zoning Appeals. One of the neighbors stated that he was advised that the only the original owner of a 40 foot lot could build an it Under the Grandfather clause, not a subsequent owner. Mr. Conway advised that the code states that if a lot were legally subd.ivided and not owned by an adjacent property owner prior to the adoption of the code it could be legally developed. So if, as the neighbors stated, the original owner ha,d split the parcel and both parcels were vacant, then he should have joined the lots. Neighbors questioned if the gaxage would conform to code, no dimensions are shown, but Mr. Miller stated that the garage would conform. V. NElnT BUSINESS : No items: VI. OLD BUSINESS: At the last meeting, Mr. Conway explained that there is a problem with maintenance men doing limited work on their properties, such as installing electrical receptacles, light fixtures, etc. Since the code requires that a licensed contractor must do this work, these people are doing it without permits. The Board had that requested some written guidelines be submitted to them. Mr. Conway advised that as far as heating is concerned, only minor alterations to heat runs would be allowed, plumbing permits could be obtained for replacement of bath, kitchen or laundry fixtures; and the only electrical work will be that which is taken from a branch circuit (existing panel board) or installing receptacles or light fixtures on existing circuits, they would not be allowed to install a main panela R. Burk moved to accept these guidelines as has been explained tonight with it formally to be written, seconded by J. Kazak, and tmanimously approved. , _ ,. 2