Zoning Board of Appeals

5/22/2014 - Minutes 1. Call Meeting To Order Chairperson Polarski called the meeting to order at 6:00 pm. Present: Chairperson Jim Polarski, Theron Dosch, Carl Schultz, Ken Holland, Bruce Lippincott and Tom Kevern. Also Present: Director of Public Works Howard Robinson and City Clerk Michelle Ebbert. Excused absence: Larry Laehn. 2. Approve Agenda Schultz moved to approve the agenda. Kevern seconded the motion and carried. 3. Approve Minutes Holland moved to approve the minutes. Schultz seconded the motion and carried. 4. Public Hearing To Consider A Request Received From Gary Westrick, 217 Plumb Street, For A Variance To Allow For A Reduction Of Rear Yard And Side Yard Setback Requirements For An Addition To The Existing Garage. Chairperson Polarski opened the Public Hearing at 6:02 pm. Gary Westrick stated he is utilizing the existing footprint of the garage, patio and fence area. The proposed garage will be 26 x 28, two-car with two garage doors. Kevern asked where drainage leads upon heavy weather. Westrick confirms it drains to the back and will continue to drain in the same direction. Lippincott confirmed the fence and patio will be removed. The side yard setback will be just shy of the required 8 feet. The rear setback at the shortest point would be 2 feet of the required 25 feet. The lot widens to the north where the rear setback would increase footage from the rear property line. Two neighbors were present that expressed support of the request. Chairperson Polarski closed the Public Hearing at 6:08 pm. 5. Discussion And Action Regarding A Request Received From Gary Westrick, 217 Plumb Street, For A Variance To Allow For A Reduction Of Rear Yard And Side Yard Setback Requirements For An Addition To The Existing Garage. Lippincott questioned the rainwater runoff. Discussion followed on the drainage for the area. Adjacent property owners confirmed the adequate drainage during heavy rainfall. Chairperson Polarski read the standards that must be taken into consideration when granting or denying a variance. Unnecessary Hardship: which is a situation where, in the absence of a variance, an owner can make no feasible use of a property, or strict conformity, is unnecessary burdensome.  Chairperson Polarski read the standards that must be taken into consideration when granting or denying a variance. Unnecessary Hardship: which is a situation where, in the absence of a variance, an owner can make no feasible use of a property, or strict conformity, is unnecessary burdensome. Kevern utilizes the existing building footprint and stated it is typical of an older lot. Unique Property Limitation: a unique physical characteristic of the property, not the desires of or condition personal to the applicant, must prevent the applicant from development and compliance with the zoning ordinance. Protection of the Public Interest: in granting of a variance must neither harm the public interest nor undermine the purposes of the ordinance. The board's actions must be consistent with the objectives stated in their local ordinance, which (in the case of a floodplain or shoreline ordinance) has been adopted to meet minimum state statutory requirements. Additional Court - Established Principles: violations by or variances granted to a neighboring owner do not justify a variance. Variances attach to the property as a permanent right. Once a variance is granted, it is permanently attached to the property. A new owner of the property may make use of a variance that was granted to the previous owner if all of the conditions that are attached to the variance are met. Schultz moved to grant a variance to Gary Westrick, 217 Plumb Street for rear yard and side yard setback reductions to allow for construction of a 26 x 28 two-car garage. Dosch seconded the motion and carried. Holland abstained. 6. General Items There were no general items. 7. Motion To Adjourn Lippincott moved to adjourn the meeting at 6:19 pm. Dosch seconded the motion and carried. Respectfully submitted Michelle Ebbert City Clerk These minutes are considered DRAFT until approved by the Zoning Board of Appeals and the Common Council.