12/04/2003 Minutes - Laserfiche WebLink

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Chairman 1Vlaloney called all interested parties forward to review the request. Mr. and Mrs. Hauer came forward to be sworn in and address the board. Mrs. Hauer indicated they bought their home in July. She added it is a H.U.D. home that requires a lot of inside repairs. They had no knowledge of the situation with the garage. No one told them they would have to build a garage. She said they do not have the money right now to build one. Mr. MaLoney indicated the applicant is asking for one year to build a garage. Mrs. Sergi asked if the applicant would be able to put up a garage sooner than a year. Mrs. Hauer said they own another home and it has been up for sale since May. They are depending on the sale of that home. Once that home is sold, they will be able to do more. Mr. Konold asked if they could live with a nine-month variance. Mrs. Hauer said they are waiting to sell their other home and do not know how long that will take. Mr. Maloney read a letter from an abutting property owner, Tod Clingman (see attached), expressing dissatisfaction with the variance request. Mr. O'Malley said the existence of the easement mentioned in Mr. Clingman's letter is a private property matter and sometimes the Engineering Department will note the existence of easements when the city is dealing with plats and things of that nature, but this is a zoning matter and the Building Department had a dangerous structure on this property removed with the condition imposed that the garage would have to be replaced. He said these new homeowners took possession without being advised of that requirement. He said it appears they want to comply but it is a matter of timing. He said he would advise the board not to become entangled in the private property owner's claim of an easement. He said whatever position the property owner takes would have to be taken in court. Mr. Kremzar pointed out a year variance would take the applicant into next December. Mrs. Hauer said they are hoping the other home will sell by summer, if not sooner. 1VIr. Kelly suggested they grant a ten-month variance. Mr. Maloney said the applicant would have until October 1, 2004. J. Maloney made a motion to grant James & Carol Hauer, 4500 Clague Road, the request for variance (1123.12), which consists of not building a garage for ten months, or October the lst, 2004 and that the following variance be granted as amended. 1. A variance for location of parking facilities without garage (code requires garage, applicant shows none). NOTE: In a one family dwelling at least one of the parking spaces required shall be provided in a garage. Which is in violation of Ord. 90-125 section (1161.08 (a)(1)). The motion was seconded by W. Kremzar and unanimously approved. VARIANCE GRANTED AS AMENDED. 3). Glen & Judv MacDonald, 28698 Snruce Drive, (WRD 3) Request for variance (1123.12). The proposal consists of a new addition. The following variance is requested: 1. A 25 foot variance for rear yard requirements/minimum depths (code requires 50 ft., applicant shows 25 ft.). Which is in violation of Ord. 90-125 section (1135.08 (a)). Chairman Maloney called all interested parties forward to review the request. Mr. MacDonald came forward to be sworn in and address the board. Mr. MacDonald said they would like to put an addition on the back of their home that would be 20x28. It would be a recreation room because they have three teenagers and the house is rather small. They like their home and would like to stay there. They are at a dead end area and would like to pick up some square footage. Mr. Kremzar asked if there is a reason they can't turn it so there is not so much width in the back. Mr. MacDonald said they thought about that but the location of the kitchen would prevent that. He would like to make a brick patio off the back and this would be more sensible and look better. The board members and applicant reviewed the plans. J. Konold made a motion to grant Glen & Judy MacDonald, 28698 Spruce Drive, the request for variance (1123.12), which consists of a new addition and that the following variance be granted as written: 2