05/01/1997 Minutes - Laserfiche WebLink

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•.' • .? what the distance is from the garage to the property line and the house to the north property line. He estimated there is approximately 6 1/2 feet between the proposed dwelling and the southernmost abutting property line, as well as 6 1/2 feet from the northern properly line. Mr. Conway explained the 3 foot variance is required because there is not 15 feet of total side yard and the 4 foot variance request is because there is 11 feet from this house and the abutting houses on either side and 15 feet is required. Mr. Costa noted the lot is 40 feet in width and the house is 27 feet wide, which leaves 13 feet left. He explained if the house is installed in the middle there will be 6 1/2 feet on each side of the house but advised he did not understand the variance requests. Mr. Conway clarified total side yards are required to add up to 15 feet with an attached garage and a variance is required because there is only 13 feet of total side yard. He continued code also requires 15 foot from edge of structure on the abutting property. It was noted Mr. Dunlap has 11 foot on one side and 11 foot 2 inches on the other, thus a variance is needed for distance between structures. Mr. Hamilton, who abuts this property on the north side, explained that this two story proposed dwelling ivfriuges on his privacy and there is also a safety concern, as a fire truck would not fit between the homes. He believed the code was developed for a reason and should be followed, as he did not want to relinquish his rights to allow someone to build a house. Mr. Czuchran, who lives behind the proposed structure, voiced concems about the integrity of the neighborhood aud the setback. Mr. Duulap advised the rear line of the house would be staggered between the neighboring homes. Mr. Maloney wondered if this house is on top of the city waterline. Mr. Conway advised that is an engineering issue and is not related to the zoning code. Mr. Koberna believed this water line wou.ld be behind the existing houses, which means it is further away from this proposed house. The neighbors had concerns about the flooding as there is standing water in the ditches after a heavy rains for a period of time. Mr. Dunlap explained most of the lots in this neighborhood are forty foot wide and it is not u.ncommon to build on a 40 foot wide lot. Mr. Costa believed the house should be built according to code as there is a reason for the code. Mr. Purper explained when the lots were first laid out at a forty foot width the code was different. Law Director Gareau explained the whole purpose of the board of zoning appeals is to grant variances to individuals that the board deems qualified because of the circtunstances. It was noted if the house was nairowed by 8 feet, and the specifications of the code were met, the house would be only 19 feet wide, which is nearly impossible to build. Mr. Costa explained he spent a considerable amount of money to control the flood.ing on his lot, but is still flooding. He noted this neighborhood is being destroyed for the sake of money and the code should be followed at any cost. Mr. Gomersall wondered if Mr. Costa meant the owner of the property should maintain tlii's vacant lot and continue paying the taxes. Mr. Costa advised he is a tax payer that believes the code should be followed. The Law Director clarified the purpose of tlus board is to give relief from following the code. He further advised it is the residents right to explain to the board why the variances are inappropriate and if the residents object to the boards decision they can appeal the decision through the courts. Mr. Gareau further advised the hearing is needed because Mr. Dunlap does not believe he can build a house on this lot according to code, and thus is requesting a_variance. Mr. Dunlap advised this proposed dwelling is similar to recently bu.ilt homes on Decker. Mr. Miller believed the two homes on Decker are inconsistent with the rest of the homes on the street. He wondered if Mr. Dunlap was willing to build a home on this Porter Road lot that is - consistent or similar in design of the rest of the homes on Porter. Mr. Koberna explained this 4