HomeMy WebLinkAboutBoard of Zoning Appeals (minutes) - 09/05/1984 BOARD OF ZONING APPEALS MINUTES SEPTEMBER 5, 1984 MEETING PAGE SEVEN
Regarding the findings of fact, Mrs. Cartwright felt the variance requested is
very small and the proposed setback will be greater than the adjacent home.
As pointed out, other options are not viable for this lot. Ms. Cartwright
did not feel this would be a detriment to the health, safety and welfare of
the neighborhood. Also, the width of the lot presents a hardship.
VIII. & IX. Appeal of Russ Young, agent for James Barry, owner of the
properties located at 1355 Moreland Street and 1375 Moreland
Street, proposes to construct accessory buildings and requests
the following variance: An 11' rear yard setback is proposed
on each property; whereas a 25' rear yard setback is required.
Mr. King inquired of the Board if there was any objection to taking up appeal
#8 and #9 together? It was the consensus of the Board to hear the two appeals
together.
Mr. Russ Young, agent for James Barry, stated he has constructed garages and
4 -unit apartments on the adjacent lots. He indicated he would like to align
the two proposed garages with the existing ones on the adjacent lots. He felt
the intent of the Ordinance is to protect the rear yard of adjacent lots, but
in this case, the new Shopko store is to the rear of the properties in question.
He indicated it would be a waste of area and land to meet the Ordinance and
less green space would be available. Mr. Young distributed pictures of the
adjacent lots indicating the garages. (Said pictures were not made part of
these minutes.)
Notion by Anne Hintz to move appeal #8 and #9. Motion seconded by Harry Luebke.
Notion approved 5 -0.
Regarding the findings of fact, Mrs. Hintz felt a special set of circumstances
exists because of the Copp's and Shopko stores at the rear of the properties
in question. She felt it would be a hardship to force the appellant to meet
the Ordinance. No special privleges have been granted that others do not enjoy.
Mrs. Cartwright wished to point out that the memorandum mentions that other
garages on the block have an 11' rear yard setback. She felt this is not a
good reason to grant the variances because the others were constructed not to
meet the Ordinance.
X. Appeal of Michael Bober, owner of the property located at 509 W.
Irving Ave., proposes to construct an uncovered deck and requests
the following: (1) An 11'1" front yard setback exists; whereas a
25' front yard setback is required. (2) A 3' side yard setback is
proposed; whereas a 7 1/2' side yard setback is required.
Ms. Porter stated the appellant proposes to construct an uncovered deck and is
requesting variances to an existing front yard setback and a proposed side yard
setback. She continued there is little usable rear yard because of the existing
garage and fenced in area.
Mr. Michael Bober, 509 W. Irving Ave., referring to the site plan, stated the
area he is most interested in is the hexagon area because his family spends a lot
of their time in that area. He indicated that if he went with an 8' area
instead of the 15' proposed, he would have an unusable space. He continued there
will be steps going from the hexagon area to the deck.