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HomeMy WebLinkAboutBoard of Zoning Appeals (minutes) - 02/19/1986 .:�j' BOARD OF ZONING APPEALS PAGE THREE FEBRUARY 19, 1986 . � Mr. Nitkowski asked if they were there without permits. Mr. Ames stated that those signs probably required a State permit. Mr. Roskom replied that some of the signs are old but the majority have come before the Board at some time or another. Mr. Nitkowski stated that there are so many signs and it looks awful, however, that is not Mr. Shea's fault. Mr. Kimberly asked what the true hardship is, the 6 ft. setback? Mr. Roskom stated that the hardship has to be established, but the applicant is saying that he does not have sufficient signage for his business. It is up to the Board to agree or to say that he has sufficient signage. tir. McGee says that Mr. Shea does have alternatives which can be explored. He added that the present sign is illegal. Mr. Shea stated that he did not know that. Mr. Nitkowski moved approval of the variance to erect a sign with a 6 ft. front yard setback. Motion seconded by Mr. Ames. Motion denied 1-4. Approved: David Nitkowski Opposed: Ronald Ames, Anne Hintz, Tom Kimberly, Kevin McGee Taith regard to findings of fact, Mr. Roskom replied that the applicant has not proven a hardship. Ms. Hintz stated a hardship was not demonstrated to the satisfaction of the Board. II. 631 W. lOth Avenue - Charles Nigl s...___ ..�. Mr. Lamine explained that the applicant is proposing to convert a single family dwelling to a two family dwelling with a 2 ft. side yard setback and a 15 ft. front yard setback from W. lOth Avenue. The applicant intends to remove an existing attached garage and replace it with an addition to the dwellin� which is necessary for the conversion. This addition will extend 4 ft. into the rear yard beyond the existing garage. Charles Nigl, 1624 Thornton Drive, stated that the house has been there almost 100 years. There is an R-2 duplex next door which is only 1 ft. away. He added that there seem to be quite a few violations of the Code in this area. Mr. Ames asked if Mr. Nigl knew how long the adjacent house has been a duplex. Mr. Nigl replied that he used to live in the house at 631 W. lOth Avenue, 33 years, and it has been a duplex all of that time. He thought that there was not a house on lOth Avenue that met the 25 ft. setback. Mr. Lamine stated that he thought that that was correct. He reiterated that Mr. Nigl is infringing into his rear yard an additional 4 ft. and is removing his garage. There will not be much of a change with the addition onto the rear of the structure. Ms. Hintz asked Mr. Nigl what he will do for a garage. BOARD OF ZONI�TG APPEALS PAGE FOUR FEBRUARY 19, 1986 „ } Mr. Nigl replied that there is enough room in the back yard to build another garage at a later date. Ms. Hintz asked if the structuie will change anything. Mr. Nigl replied that it will extend an additional 4 ft. Ms. Aintz stated thatnone of the other setbacks will be changed. Most of the other duplexes in the area have the same front yard setback, therefore, he would not be given any special privilege. Mr. McGee informed the Board that the Zoning Code Update Subcoummittee is looking at proposing changes in the Ordinance for situations like this. They are proposing that no variance will be required for an existing structure if the 2 ft. setback is maintained. The 2 ft. setback will be permissible and will be the same as approved. Ms. Hintz stated that the strict technicalities would then not have to come before the Board. : Mr. Ames moved approval of the request to convert a single family dwelling to a two family dwelling with a 2 ft. side yard setback and a 15 ft. front yard setback from W. lOth Avenue. Motion seconded by Mr. Kimberly. Motion carried 5-0. With regard to findings of fact, Mr. Ames stated that the proposed overages do not bring about any infringement on the adjacent neighbors and the existing conditions in that neighborhood are not infringed upon. Mr. McGee stated that the conditions predate the Ordinance. III. 326 Dale Avenue - Dale Ruedinger Mr. Lamine explained that the applicant's garage burned and he is proposing to construct a detached garage with a 1.08 ft. side yard setback and a 33 ft. front yard setback from Dale Avenue. Ms. Hintz stated that the garage could could not be built closer to the house. She asked Mr. Ruedinger if the garage would be built in the same place as the previous garage. Mr. Dale Ruedinger, 326 Dale Avenue, replied that the garage will be a little bit bigger. He stated that he had gone to Noffkes and they sold him a 16' x 24' pre-cut kit. Ms. Hintz stated that the dwelling and the garage existed before the Zoning Ordinance. There is no feasible way to place the garage anywhere else on the property. Mr. Ruedinger stated that his lot is only 60 ft. long. Mr. Nitkowski stated that this request is similar to the previous item. Ms. Hintz replied yes and no. The previous conversion was a change in use. Mr. Nitkowski stated that this pre-dates the Ordinance too.