Loading...
HomeMy WebLinkAbout09/14/1995 - ZONING BOARD OF APPEALS - AGENDA - Annual Meeting ZONING BOARD OF APPEALS 1. Roll call. 2. Appeal 2139. The variance would allow a portion of a new 4 ft. high fence to be located within 75 ft. of the center of the intersection of Laporte Avenue and Shields Street. Specifically, a portion of the fence would be within 47 ft. of the center of the intersection, in line with the existing trees and shrubs at the corner of the lot. Section 29-511(3) by Steve Mouton, 1102 Laporte Avenue. 3. Appeal 2140. The variance would reduce the required street side setback along Myrtle Street from 15 ft. to 11.5 ft., in order to allow the construction of a new, enclosed basement stairway. The enclosure would line up with the existing north wall of the building. Section 29-133(5), 29-472(b) by Elderhaus by Rene' Clements, 1105 W. Myrtle Street. 4. Appeal 2141. The variance would reduce the required front yard setback from 30 ft. to 25 ft. 4 inches for a 20'X24" addition to the existing garage. The front of the addition would line up with the existing wall of the front of the house. Section 29-93© by Brian Cuba, 1908 Harmony Drive. 5. Appeal 2142. The variance would reduce the required side yard setback along the north lot line from 5 feet to 1 foot in order to allow a detached garage to be built on the rear portion of the lot. (The garage was constructed about 2 years ago without a permit, the owner now desires to obtain a permit). Section 29-119(5) by Joseph Klein, 221 N. Lyons Street. 6. Appeal 2143. The variance would reduce the required parking lot landscape setback behind the College Avenue sidewalk from 15 feet to 0 feet, reduce the parking lot landscape setback along the north and south lot lines from 5 feet to 0 feet, and reduce the amount of required interior parking lot landscaping from 6% to .25%. The variance is requested in order to allow the addition of seasoned retail uses (temporary vendors such as Christmas tree sales) to locate on the lot when the Dairy Queen restaurant closes for the season. Section 29-493(1), 29-493(2)(f) by Kelly Brown, of Dairy Queen, 1805 S. College Ave.. 7. Appeal 2144. The variance would reduce the required side yard setback along the west lot line from 5 ft. to 3 ft. in order to allow an existing deck and enclosed porch to be replaced with a bedroom and bathroom addition. Section 29-119(5) by NCL Zone, 1008 W. Oak Street. 8. Other business. ZONING BOARD OF APPEALS AGENDA Annual Meeting September 14, 1995 Appeal 2139 --- 1102 Laporte Avenue --- Petitioner: Steve Mouton, owner --- Zone: NCM Zone --- Section 29-511(3) --- The variance would allow a portion of a new 4 ft. high fence to be located within 75 ft. of the center of the intersection of Laporte Avenue and Shields Street. Specifically, a portion of the fence would be within 47 ft. of the center of the (110 intersection, in line with the existing trees and shrubs at the corner of the lot. 5 -- Petitioner's statement of hardship: Large, mature trees and shrubs are existing on the comer of the lot. This landscaping already is within the 75 ft. distance, so the fence will not add to any sight distance problems. The Transportation Department has reviewed the request and has no problems. The front yard is the only useable yard area because the rest of the lot is parking for adjacent apartment houses. This creates an unusual situation. If the fence is placed at the 75 ft. distance, there would be little useable yard. The fence is important because of this lots high exposure to traffic. If the intersection were not off-set at this location, then the fence would comply. --- Staff comments: None. Appea12140 --- 1105 W. Myrtle Street --- Petitioner: Elderhaus, by Rene' Clements --- Zone: RL Zone --- Section 29-133(5), 29-472(b) --- The variance would reduce the required street side setback along Myrtle Street from 15 ft. to 11.5 ft., in order to allow the construction of a new, enclosed basement stairway. The enclosure would line up with the existing north wall of the building. a --- Petitioner's statement of hardship: The "Eagle's Club" facility is for adult day care for men in the early stages of memory loss. These men need access to activities that are held in the basement, and the existing stairway does not meet code. The steepness of the stairs and low headroom present hazards to the men. 'The proposed stairway location is the only place to accommodate inside and outside access to the basement. In order to meet the building code, the stairway enclosure will end up lining up with the existing wall, which is already non-conforming. --- Staff comments: None. .r l Appeal 2141 --- 1908 Harmony Drive --- Petitioner: Brian Cuba --- Zone: RE Zone --- Section 29-93 (c) --- The variance would reduce the required front yard setback from 30 ft. to 25 ft. 4 5 ,O inches for a 20'X24" addition to the existing garage. The front of the addition would line up with the existing wall of the front of the house. --- Petitioner's statement of hardship: The existing house is already nonconforming. A large, mature tree exists in the front yard and also behind the proposed addition, which limit where the addition can be built without requiring removal of the trees. --- Staff comments: This subdivision was developed prior to it's annexation into the City_ All but one of the homes was constructed before the annexation. A large percentage of the homes appear to also have a nonconforming front yard setback. Appeal 2142 --- 221 N. Lyons Street --- Petitioner: Joseph Klein, owner. --- Zone: NCL Zone --- Section 29-119(5) S_U --- The variance would reduce the required side yard setback along the north lot line from 5 feet to 1 foot in order to allow a detached garage to be built on the rear portion of the lot. (The garage was constructed about 2 years ago without a permit, the owner now desires to obtain a permit). --- Petitioner's statement of hardship: The lot is a corner lot. A large, mature tree in the back yard makes it difficult to build the garage in a location that would not require a variance, especially since the required setback along Leland Street is 15 feet. The tree, the narrowness of the lot (50'), and the 15' street side setback (corner lot requirement) all combine to limit the available back yard locations. --- Staff comments: None. 1 Appeal 2143 --- 1805 S. College Ave. --- Petitioner: Kelly Brown, of Dairy Queen --- Zone: HB Zone --- Section 29-493(1), 29-493(2)(f) --- The variance would reduce the required parking lot landscape setback behind the College Avenue sidewalk from 15 feet to 0 feet, reduce the parking lot landscape setback along the north and south lot lines from 5 feet to 0 feet, and reduce the 61) amount of required interior parking lot landscaping from 6% to .25%. The variance is requested in order to allow the addition of seasonal retail uses (temporary y-0 vendors such as Christmas tree sales) to locate on the lot when the Dairy Queen restaurant closes for the season. >�w --- Petitioner's statement of hardship: The use of the property is classified as a fast- food restaurant. A Christmas tree vendor has set up operations on the lot for many years. Due to a recent change in the City's outdoor vendor ordinance, this vendor can only operate here from now on if the parking lot is brought into compliance with current regulations. Providing all of the landscaping required would result in the loss of most of the parking. The petitioner will upgrade the landscaping as indicated on the submitted plan in order to achieve as much compliance as he feels is possible without losing parking. --- Staff comments: None. Appeal 2144 --- 1008 W. Oak Street --- Petitioner: Amelia Tuttle, owner --- Zone: NCL G --- Section 29-119 (5) j, p --- The variance would reduce the required side yard setback along the west lot line from 5 feet to 3 feet in order to allow an existing deck and enclosed porch to be replaced with a bedroom and bathroom addition. --- Petitioner's statement of hardship: The lot is narrow, only 40' wide. The existing west wall of the home is already only 2' 1"from the property line, so the addition will actually be set back further. The petitioner would like to have windows along the west wall, so in order to meet the building code, the planned addition will be set back 3'. --- Staff comments: None Other Business:_ --- Election of officers