02/08/1994 Minutes - Laserfiche WebLink

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City Engineer Deichmann advised that the Engineering Department had no problem with the proposal and explained that these were two bowling alley shaped lots. The front section of one which contains the house and ga.rage will be split off and the property line will be moved.to create a second "L" shaped lot. Since the I-480 limited access is in front of most of the new lot there is only a 12 foot wide area where a driveway can be located to construct a house. The two driveways will be side by side, and it was clarified that a drive can be right on the property line. It was also noted that when the property is split the existing garage will be over the property line. Mr. Deichmann pointed out to Mr. Orlowski where the limited access would be and clarified i:hat the limited access would not affect anything other than restricting the location of the drive. There is another lot shown which is landlocked but it is not part of this proposal. Mr. Deichmann advised that when the State bought the frontage the owners were aware of where the limited access would be. The members had no probler.i with the proposal. P1r. Kovacik ad.vised that he had talked to the owner of the adjacent lot about buying his property, but they could not come to any agreement. He also stated that the surveyor had suggested an easement.to their drive, however since there was room for a drive outside the limited access, they decided it woiild be better to have a separate drive. Assistant Law Director Dubelko advised that the motion should be contingent on removing the existing garage. Building Commissioner Conway would like it stipulated that a new garage must be built within a certain time limit since the code stipulates that there must be at least a one car ga.rage. Otherwise, if the garage is not built, he saould have to take legal action. P7r. Kovacik asked how much time would be allowed to build the new garage. Mr. Conway asked from what point in time, from the time the deed is recorded or from the time he applied for the permit for the new house. The members discussed the various options and the time factors involved. It was suggested that the deed should not be signed until the garage was built, but Mr. Kovacik believed that he would not be able to get a construction loan until he had a recorded deed. Mr. Dubelko suggested that he go to the bank and find out if he can get the loan without the deed. Mr. Conway advised that he cannot issue a building permit until there is a buildable lot. Because of thA weather, Mr. Kovacik could not get the garage demolished and rebuilt immediately. After iriuch discussion, N1r. Conway agreed to withdraw his objection, and if Mr. Kovacik failed to build the garage in a reasonable period of time, he would cite hiri and pursue it through normal channels. Mrs. Alston stated that twice this evening she has been familiar with the applicants and questioned if it were proper for her to vote under those circumstances. Mr. Dubelko advised that if she had a financial interest in the contract or had worked for that person she would have to abstain, but she had a right to abstain in any event if she did not feel comfortable in voting. B. Gorris moved to approve the Kovacik Property Split and Assembly Plat proposal to assemble and re-align permanent parcel nos. 237-22-19 and 237-22-30, located on the east side of Clague Road to the north of, and partially within, the limited access right-of-way of I-480 with the stipulation that the garage must be demolished prior to the plat being recorded and that it is noted the Mr. Kovacik is aware that he must replace the demolished garage in a reasonable amount of time or the Building Department will be citing him, seconded by J. Thomas. Roll call on motion: Gorris, Thomas, Orlowski, 0'Rourke, and Tallon, yes. A'Irs. Alston abstained. 14otion carried. V. COMMCTNICATIONS : Assistant Law Director Dubelko advised that he had a communication regarding the legislative requests that he has received from Planning Coirunission. He advised that motions should be made in order to initiate changes to the zoning map. since this is the first time Planning Commission has, in the past few years, 7