08-23-00 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL AUGUST 23, 2000 erosion problem on the hill. Nitardy pointed out that there are dormers in the attached garage as well as rooms overhead which prevent its expansion. Tacheny pointed out that they are proposing to place the accessory garage in the same area as that of a chicken coop that had existed on the property. Tacheny pointed out that this chicken coop existed for many many years without contributing to the erosion problem on the hill. Therefore, the location is one that has been proven to have good drainage. Scalze pointed out that the Council is being presented with a problem given that construction of the accessory garage was begun without a building permit. Scalze felt that because of the way the house was placed on the lot and the property owner's desire for an accessory garage, a variance is now needed. Nitardy pointed out that there are many issues that resulted in the need to place the accessory garage as proposed. Those are the desire to save trees, grade of the property, the location of sewer lines and a well on the property. Scalze again felt the matter should have been presented to the Council prior to construction having begun. Nitardy pointed out that he submitted a site plan showing the accessory garage location at the time he applied for a building permit for the house. It was not pointed out to him at that time that a variance was needed. Tacheny indicated that when he saw the location of the chicken coop, he did not think there would be a problem replacing the coop with an accessory garage. Tacheny indicated that had he known he needed a variance, he would have made the appropriate applications in a timely fashion. Morelan felt the issue of locating the house on the property and the need for a variance for the accessory garage were mutually exclusive. He pointed out that once a house is constructed on the property, the property owner could decide to pursue an accessory garage at any time. Scalze pointed out that a variance gives a property owner a right that other property owners do not have. Scalze pointed out that this particular lot is located on a private road. If a variance is granted to the Tacheny's, it gives them rights that a property owner on a public road does not have. Fahey agreed that the issue of the house and accessory garage become separate issues. He also pointed out similar situations were variances were granted to place accessory garages in the front yard, i.e., the Leibel property on Twin Lake Blvd. Fahey pointed out the proposed location of