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HomeMy WebLinkAboutZoning Appeals Minutes ~ BOARD OF ZONING APPEALS MINUTES SPECIAL MEETING - June 29, 1983 PRESENT: Elaine Cartwright, Dan Goldthwaite, Anne Hintz, Harry Luebke, Norman Miller STAFF: Phil Rosenquist, Associate Planner, Darlene Matulle, Recording Secretary The Board of Zoning Appeals meeting was called to order and roll call was taken. A quorum of five members was present. I. Appeal of Michael Messing, owner of the property located at 1853 Harrison Street, proposes to erect an accessory building set~ 21/21 from the north property line, whereas the C-3 district requires a 51 side yard setback for residential accessory buildings. Mr. Rosenquist stCited that the appellant proposes to erect an unattached accessory building. The appellant is pr9posing a 2 1/2' side yard setback, but due to the fact that this small "strip of land is zoned C-3, a 5' side yard setback is required. Mr. Michael G. Messing, 1853 Harrison Street, stated that the garage would be off-.set by 3011. If he has to meet the setback requirement, there would not be any yard area and the garage would be further from the house. This fact might also depreciate the value of his property because it would be all structures and very little open space. Mr. Messing stated that the building inspector has been to the site twice, but no one realized that this area was zoned C-3 until Mr. Messing tried to obtain a building permit. Mr. Messing continued that if he has to move the garage to the south by 2 1/21, the garage would be two-thirds behind the house, and because of the location of the house, this would create a problem getting in and out of the driveway. Mrs. Cartwright inquired if the five lots on this block are all zoned C-3. Mr. Mess ing stated that the C-3 zone starts at the bill board and i nc 1 udes the vacant lots and his property. Mrs. Hintz inquired when the present home was constructed. Mr. Messing replied in 1980. He continued that other homes in the area were built before 1965. Mrs. Cartwright Inquired if there is presently a garage on the lot. Also was there previously a garage on the lot. Mr. Messing repl ied no, just the home is on the lot. Mrs. Hintz stated that if the area were zoned residential, the garage as proposed would be proper. She felt that this is a hardship on an area that is zoned commerc ia 1, when it is bu i 1 t resi denti a 1. BOARD OF ZONING APPEALS MINUTES JUNE 29, 1983 MEETING PAGE TWO Motion by Anne Hintz to the appeal be granted. Seconded by Harry Luebke. Motion carried 5-0. Regarding the findings of fact, Mrs. Cartwright felt that a unique hardship has been shown due to the fact that the area is zoned commercial when in fact it is built residential. She continued that a practical difficulty is caused by the ordinace, not by anything that Mr. Messing has done. By granting the variance, no special privileges were granted that others have not been granted in similar situations. Mrs. Cartwright felt that no harm will be done to the land or the air by granting this variance. . Mr. Miller stated that the problem is due to the ordinance itself and by granting the variance, it is not detrimental to public interest. The meeting adjourned at approximately 3:45 P.M~ Respectfully submitted, /J// /1 /.:t();/ / " PHIL ~~/=/ AssoctteAI anner