07/07/2004 Minutes - Laserfiche WebLink

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Chairman Maloney reviewed that there were 12 cases requesting 33 variances and 1 special permit on the docket. The chairman advised that the board members had viewed the premises involved for each case. Three votes are required for approval. In addition, each case will be judged on the physical situation peculiar to itself, so that in no way is a judgment rendered considered to be a general policy judgment affecting properties and like situations elsewhere. lII. BUII.,DING DEPARTMENT REQUESTS: l. Ben Wollenburg; 4343 Root Road: (WRD 1) Request for variance (1123.12). Proposal consists of a gravel driveway. The following variance is requested: 1. A variance for adding to an existing gravel driveway extending to a new garage, (code does not permit applicant shows 25' section in front of new garage). Which is in violation of Ord. 90-125 section (1161.11 A). Note: Board of Zoning Appeals tabled this proposal on 5/6/04 and 6/3/04 as the applicant was not present. Chairman Maloney called all interested parties forward to review the request. Mr. Wollenburg the owner came forward to be sworn in and review the request. The applicant reviewed that when he purchased the home there was no garage on the lot. He built a garage which was placed 25-feet beyond the existing gravel driveway and he would like to maintain a gravel driveway for 2-years until he can afford a paved driveway. The applicant believed that he was improving the lot and asked that the board work with him. The board asked if the applicant would be constructing the apron now or when the hard surface is poured. The applicant does not want to construct the apron until the driveway is poured. The Law Department advised the board that financial circumstances are not a proper consideration for non-compliance to the code. Furthermore, it would be hard for the City to enforce a condition which requires the driveway to be installed at a later date as there are no circumstances in place which would allow the Building Department to control or make sure the driveway is installed. It was advised that when permits are pending the circumstances allow the Building Department to control or enforce the hard surface installation but this is not such a case. The applicant felt that he was improving the lot and felt that it was not unreasonable to be allowed a gravel driveway until he can afford a hard surface driveway. The board believed that as the applicant was currently improving the home they would work with the applicant and allow a one year grace period. N. Sergi moved to grant Ben Wollenburg of 4343 Root Road his request for variance (1123.12), whicia consists of a gravel clriveway and that the following variance is granted as amended; 1. A variance for adding to an existing gravel driveway extencling to a nevv garage, (code cloes not permit applicant shows 25' section in front of new garage). The hard surface drive is to be installed by October 31, 2005. Which is in violation of Ord. 90- 125 sectnon (1161.11 A). W. Kremzar seconcled the moteon which was unanimously approved. Variance Granted as Amended. 2. Ravmond Fiorilli; 6236 Stearns Road: (WRD 3) Request for variance (1123.12). Proposal consists of an addition to an existing residence. The following variances are requested: A special permit to add to a non-conforming building, (1165.02) (see note below). 1. A 50 foot variance for a residence too close to the front property line, (code requires 50 ft. applicant shows 0'), section (1135.06 A). 2