05/01/2003 Minutes - Laserfiche WebLink

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4). Dave Dausis, 5477 Dorothv Drive WRD 3 Request for variance (1123.12). The proposal consists of an addition. The following variance is requested: 1. An 18 foot variance for rear yard setback, (code requires 50', applicant shows 32) Which is in violation of Ord. 90-125 section (1135.06 (a)). Chairman Maloney called all interested parties forward. Mr. Dapsis and Mr. Ken Perrin, a contractor, came forward to be sworn in and address the request. Mr. Perrin indicated the applicant wants to expand his family room and make it 20x24, which would make them short on the setback. Mr. Kremzar pointed out the plans indicate the room is supposed to be 20x20. Mr. Perrin said it is supposed to be 20x24. It would not affect the depth. Mr. Rymarczyk said their write up also indicated the room would be 20x20. Mr. Kremzar asked what they will be going with. Mr. Perrin said they want it 24 feet wide. Mr. Kremzar said that all the figures should have been completed before it came to the board. The board has to go with what they are given and now the applicant is coming up with changes. Mr. Perrin said they could leave it 20x20. Mr. Rymarczyk said they try to expedite the cases that come before the board by having a complete set of building drawings. It is for the benefit of the homeowner so they do not have to invest a large amount of money if they are denied a variance. Mr. Kremzar asked if the building department will need different drawings. Mr. Rymarczyk said they will need building drawings. W. Kremzar made a motion'to grant Dave Dapsis, 5477 Dorothy Drive, his request for variance, which consists of an addition, and that the following variance be granted: 1. An 18 foot variance for rear yard setback, (code requires 50', applicant shows 32'). Which is in violation of Ord. 90-125 section (1135.06 (a)). The motion was seconded by J. Konold and unanimously approved. Variance Granted. Chairman Maloney informed the applicant that he can check with the building department on May 9th and they will have to bring in the revised drawings. 5). Darlene Lutz, 25067 Chase Drive WRD 2 Request for variance (1123.12). The proposal consists of installing a swimming pool in backyard. The following variance is requested: 1. A 90 square foot variance for swimming pool, (code allows 86 sq. ft., applicant shows 176 sq. ft.). Which is in violation of Ord. 90-125 section (1135.02 (d)(2)). Chairman Maloney called all interested parties forward. Darlene and Brian Lutz came forward to be sworn in and review their proposal. Mr. Lutz said that the whole issue is the way the measurements were taken. They are not credited for a roughly 12x62 portion of their backyard because of the end of the sunroom. The area on the right and left side would leave them with an additional 448 square feet after the pool is installed. Mr. Kremzar asked who did the drawings. Mr. Lutz indicated he did the drawings and they are correct. They reviewed the drawings which include the existing sunroom, which is 12x14x10. He pointed out the area that is not credited to the size of his yard. He said if he got that square footage back, less the sunroom, he would have an additiona1448 square feet even after the pool is installed, which is inside the 20% rule. Mr. Konold asked who it is that did not credit the applicant some of the land. Mr. Lutz indicated one of the city inspectors came out. Mr. Rymarczyk said the building line is from the rear of the building, which is the wall of the sunroom. There is no credit to be given. W. O'Malley said that he does not think the applicant is disagreeing with the building department interpretation of the code. He believes the applicant was trying to express as a practical matter that in looking at this proposal as a whole, his backyard can and should be used for this purpose. He was trying to point out that even though the code does not recognize that grassy area, in reality it is there. He is trying to make an argument for a practical difficulty to grant the variance. Mr. Kremzar asked about access to the pool. Mr. Lutz said they will have a ladder. Mr. Kremzar asked if they have plans for a deck. Mr. Lutz said if they eventually put in a deck, it would be very small. He realizes they would need an additional variance. He added that they were told that anything below grade would not be affected.