04/03/1991 Minutes - Laserfiche WebLink

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for a 450 square foot variance for garage area to construct detached garage. (existing attached garage will be converted into a family room), seconded by B. Grace. Roll ca.ll on motion: Gallagher, Grace, Maloney, and Gomersall, yes. Mr. Restifo, no. Motion carried. Variance granted. 9. William R. Jack, 5975 Columbia.Road. Request for variance (1123.12). Request 370 square foot variance for garage area in order to construct addition to existing detached garage. Also request 5 foot variance for distance between house and garage (existing attached garage will be converted to living area). Violations of Ord. 87-93, Section 1135.02-(c)1. Chairman Gomersall called all interested parties before the Board. The oath was administered to Mr. Jack who explained that he would like to increase the existing detached garage which will be over the allowed area and also 5 feet closer to the house than allowed. Building Commissioner Conway explained that the garage itself would need to be fire walled, it did not matter that the adjacent wall on the house was block. Any wall within 20 feet of the house would have to be fire walled. B. Grace moved to grant the request for a 370 square foot variance for garage area in order to construct addition to existing detached garage and also to grant a 5 foot variance for distance between house and garage (existing attached garage will be converted into living area), with the notation that fire rated walls must be installed on the new garage on any wall within 20 feet of the dwelling, seconded by R. Gomersall, and unanimously approved. Variances granted. 1. James M. & Susan R. Piscitelli, 5650 Pheasants Walk (Heard at this point). Request for variance (1123.12). Request 17 foot rear yard variance for deck. Violation of Ord. 87-93, Section 1135.08(a). Chairman Gomersall called all interested parties before the Board. The oath was administered to Mrs. Piscitelli who explained they are trying to buy property behind them, but it is not definite at this time. Mr. Gomersall stated that this builder has been told to build homes that conform to the lots. Mr. Grace stated that the Board is not going to approve any encroachment into the 50 foot set back in Pheasant's Walk. Mrs. Piscitelli stated that there are other decks in the area. Building Conunissioner Conway explained that a deck which is less than 4 foot above grade is not counted in the rear setback, but a portion of this deck is almost coming out of the second floor. Law Director Gareau stated that there are no blanket refusals, every case must be Judged on its own merits. Mr. Grace maintains the builder was told not to over develop his lots and no infringements could be put on them. Mr. Gareau stated that Council and Planning Cotrnnission approved the subdivision and if someone wants to do something that is not consistent «ith the code, they must come before this Board and if there is merit to their request they can be granted a variance. Mrs. Piscitelli explained that most of the land is very low except by the kitchen and the back door. N1r. Gareau explained that one reason for granting a variance is a hardship caused the the size, shape, and topography of the land. She explained that the land drops down about 8 foot on the lot. T. Restifo moved to grant James and Susan R. Piscitelli at 5650 Pheasants Walk the request for a 17 foot rear yard variance for a deck, seconded by R. Gomersall. Roll call on motion: Restifo, Gomersall, Gallagher, and Maloney, yes. Mr. Grace, no. Motion carried. Variance granted. 4