05-23-01 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES CITY COUNCIL MAY 23, 2001 It was noted that the applicant was not present this evening. Fahey asked if there was anyone from the general public present wishing to comment on this matter. 7erome Kostelecky, 2541 Stark Street, indicated that he is immediately north of the Abraham property. Kostelecky indicated that he purchased his property 8 years ago with the understanding that the side yard setbacks were 10 feet. I{ostelecky stated that he would like to see the City maintain the 10-foot setback minimum. Fahey felt there was nothing different from the 1986 request, and there was no justification for the variance. He stated that he understands the property owner's desire for a double car garage, but pointed out that there is no hardship present. Fahey also indicated that on future application requests, City staff check the files to determine what other applications previously existed on a property. The City Planner indicated that he was aware of the 1986 variance request. At that time, the property owner wanted to place a garage 3 feet from the property line. The Planner indicated that he supported the request for the 5-foot setback given the fact that there are similar setbacks in this neighborhood. IIe also noted that the Planning Commission had the benefit of the information on the 1986 variance request when they conducted their review of the Abraham request. Scalze felt that approval of the variance was essentially a change in the City's side yard setback for residential properties from 10 feet to 5 feet. Scalze felt that this is the precedent that would be set if the variance is approved. There was no one else from the general public present wishing to comment on this matter. Upon motion by Scalze, seconded by LaValle, the public hearing was closed. Mrs. Scalze introduced the following resolution and moved its adoption: RESOI_DTION NO. 2001-5-111 - DENYING A VARIANCE FROM T1IE 70NING COD]: REQUIREMENT OF A ] 0 FOOT MINIM[IM SIDE YARD SETBACK ALLOWING A NEW GARAGE WITH A 5-FOOT SIDE YARD SETBACK AT 2535 STARK STREET AS REQUESTED BY TS(iEROMAN A73RAFIAM GI vEN THAT THER E IS NO HARDSHIP PRESENT TO WARRANT GRANTING THE VARIANCE The foregoing resolution was duly seconded by LaValle. Ayes (5) Scalze, LaValle, Montow, Fahey, Anderson.