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HomeMy WebLinkAboutmintues.boa.19941117 RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT NOVEMBER 17, 1994 Chairman Remo Lavagnino called meeting to order at 4 : 00 P.M. Answering roll call were David Schott, Jim Iglehart, Howard DeLuca, Rick Head, Charlie Paterson and Remo Lavagnino. Ron Erickson was excused. MINUTES SEPTEMBER 2, 1993 NOVEMBER 3 , 1994 Rick: I move to approve minutes of September 2 , 1993 Charlie seconded the motion with all in favor. Charlie : I make a motion to approve minutes of November 3 , 1994 . Rick seconded the motion with all in favor. CASE #94-15 ANN MARSHALL Remo read request for variance . (attached in record) David Hauter, architect for applicant : Basically the property is a condominiumized piece of property of which Ann Marshall owns a third of that property. Her property borders on Gibson and Neale Street and has a very long front--which would be interpreted by Bill as being the front yard. If you were to take that 25 foot setback and apply it to that front yard it reduces her lot area by almost 500 . She is proposing no addition to her house and she is happy with the setback in general for most of the property. The house is really quite small . It is about 876--900 square feet 1-story unit . She has no garage at this point . And she would like to build a little studio in conjunction with that garage . The footprint which is 520sf footprint would be set at a 45 degree angle where there would be a pie shape part of the building that would project over what would then be the 30 foot setback for an accessory building. It would still allow for a 15 or 16 foot setback from Neale Street . The hardship in this case is the configuration of the lot . I do believe that the total lot area that she has to deal with is 8 , 270sf which is already a small lot by residential standards in this zoning. So she has a hardship and she is requesting that you consider giving her a variance as specified for this building only. BAM11 . 17 . 94 Rick: Are you asking us to give some kind of interpretation with regards to the front yard/side yard situation? Hauter: Yes . To apply a less restricting setback for the garage than the 30 feet given the configuration of the lot and the fact that she has such a--the front yard--to apply that as strict interpretation of the front yard over that entire lot uses up about half of her lot . Rick: How would that affect this variance if we determine that Gibson would be_ the_ front _yard and Neale would be the side yard? Remo: I think we have to address that to the Planning Office . This is a corner lot, isn' t it? Bill Drueding, Zoning: My interpretation is this whole thing is a front yard. Remo : It is the corner of 2 different streets--Gibson and Neale . Discussion followed as to whether this was all front yard. Remo: My question is you can put this on your property without a variance . What is the problem? Hauter: There is a berm there . Remo: You are cutting into the berm anyway. Hauter: There are some practical reasons why you wouldn' t want to do that . Her front yard--her open space . And putting the garage as close as you can to the street for access and working with her existing driveway. It is just a better use of the property. Remo: I think it could be buried into this berm and no one would see--push it into the property and cover the roof . You would have the same height that you have now. And you would solve your problem. You could make access on the side . If there is a solution to the problem then it is difficult for us to give you a variance based on any hardship because you can still do it . You are cutting into the berm now almost to it ' s highest point . So I don' t see why you just can' t turn it around and come in from--it would be hidden. It would be out of site . It wouldn' t disturb the topography the way it is . I can see a solution and unless you can tell me why you can' t do that . Hauter: I can' t say we couldn' t do that . 2 BAM11 . 17 . 94 Remo : It seems to be a convenience for the owner rather than an application of utilizing the garage within the existing setbacks . Hauter: I understand what you are saying. That maybe there is more than one solution to accomplish her objective . There is a hardship here given the configuration of the lot and the streets . And if that is not enough to justify granting the variance we have to go back and do it another way. We would look at other options . Drueding: Let ' s back up a little bit . If we did consider Gibson as the front yard and Neale Street as the side yard, Gibson for an accessory building--the front yard would be 30 feet . Then Neale Street side would be 20 feet--2/3 of the front yard. So he would still require a 4 foot variance . Remo : I would suggest then that he might be able to push it back 4 feet . But that interpretation--I wanted to know because if in fact he has recourse to that or what your interpretation was then we are giving him a minimal variance . That is why we are asking. Drueding: If you gave them a 4 foot variance based on the fact that the interpretation would be that this would be a corner lot and this would go down to a 20 foot setback. Remo: Exactly. And then if he has got 4 feet then maybe he can even push it 4 feet in and wouldn' t need a variance . That would solve his problem more pragmatically. Remo then asked for public comment . Chuck Maple : I live across the street from this . And I believe myself to be a corner. And as a long-time resident of that corner I consider Ann Marshall to be on a corner. I recently had a side- walk built there . And thrown in with the deal was a sharpening up of the corners rather than a dilution of the corner because that is the problem with the whole area . There is not a defined corner. I got a little nervous when I heard someone say that it is a 30 foot setback on both sides of my house as well as Ann Marshal ' s . That makes me quite nervous ! Remo : That is not for your main house but for an accessory building only. Maple : My understanding when I built my house was that it was 10 feet from Neale Street that I could have built my house--which I didn' t--and 25 feet from Gibson Street . The way things are moving in our City, any of these kind of questions start to make me quite nervous that I can' t build my house as I please under existing circumstances . 3 BAM11 . 17 . 94 Remo: I did ask that question because I needed to know as far as this Board is concerned in our guidelines as to whether he could actually get a more minimal variance from us as a consideration and in fact maybe no variance at all . He has got 4 feet . He can move it 4 feet and maybe still get the kind of results that he wanted. It seems to me that your question should be directed toward a better interpretation of how they define a side yard and a front yard regarding your particular lot . They have to have an angle, whatever it is . And when it reaches this angle it is no longer a corner lot if it is not 90 degrees . Then if it varies from that, is it not a corner lot anymore . Drueding: There is a very good chance that this would be considered a corner lot . Charlie : I would consider that too because one is called Gibson and the other one is called Neale . If it was Gibson all the way through then that might be a different story. Rick : Well, Bill, what is your position going to be relative to this? Remo : Why did you change your mind? I would like to know also . Did you read something? Drueding: Yes I did. Even though there isn' t a 90 degree angle it says "Bordered by 2 intersecting streets" . When David and I first got into this conversation I considered this whole thing a front yard and we didn' t have much more conversation about it . Hauter: And I thought the next step was to come here . Drueding: And I think if we just go with this interpretation we are dealing with a corner lot . Hauter: If you interpret it--right now you said it was a side yard, then we have the 20 foot setback we could go away and be happy. Drueding: I am going to change my mind and consider this a corner lot . So he could choose which is the side yard. Remo : All right . So we are talking about a 4 foot variance now. And I am still opposed to granting you a variance because my feeling is you can move it 4 feet or turn it-- Hauter: I have no further request if that would be the outcome of the Board. 4 BAM11 . 17 . 94 Rick: So you are withdrawing your request for the 4 foot variance . Hauter: If I can go away with the understanding that we have a 20 foot setback. Remo: Are you withdrawing your request? Hauter: If I can get that assurance . Remo: He has given it to you. It is on the record. Everything is on the record here . So are you withdrawing your request? Hauter: Yes . I will . Drueding: Fortunately this existing building just barely behind the 30 foot mark. If that were encroaching and didn' t meet the 30 feet then this would have to be this . They would have no choice because they would be creating a non-conforming there . So that is for clarification and part of the record. Remo : Are you talking about unit 2? Drueding: Yes . Remo : But that is not an accessory building. Drueding: But an existing building can already establish your setback by an encroachment and not give you the choice . Remo : Now because he has chosen Gibson as his front yard, does that affect the other property owner? Drueding: Yes . Remo: And so you have to make sure that the other property owner believes that Gibson Avenue is also her front yard. Rick : There is no other access to her property. Remo : It still has to be established to make sure there is an understanding within the condominium agreements--whatever--that this now will be established that Gibson is the front yard. Rick made a motion to adjourn meeting. Charlie seconded the motion with all in favor. Time was 4 :45 P.M. Janice M;•. Carney, City De• ty Clerk 5 Jl, t