03-23-88 Council Minutes - Laserfiche WebLink

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P~INUTES City Council Mar~ch 23, 1988 Neamy Fahey felt that the Code should be amended to pr~ovide that a pr~oper•ty Pr•oper•ty can be spl i t r~esul ti ng i n a si deyar•d setback up to 5 feet fr~om the Division existing structure, if that structure ~vas constructed prior to 1980, (Cont.) and if the new lot meets current Code requirements. The City Planner~ stated that the concer~n he would have is that ever~y Code change over• the past 30 year~s will be challenged by people who will say that they built pr~ior~ to when a par~ticular~ Code was put into effect, and should not be subject to it. The Planner~ felt this would become an administr~ative nightmar~e. Scalze noted that the only time this has come up is with r•egar•d to sideyar•d setbacks. Blesener agreed noting that many people have wide lots and set their homes off to one side, anticipating the ability to divide their• pr•operty some time in the futur•e. Mr•. Blesener~ intr•oduced the following r•esolution and moved its adoption: RESOLUTION ~10. 88-3-109 - INSTRUCTING THE CITY PLANNER TO PREPARE AN ORDINANCG APIEND~IENT 41HICH PROVIDES THAT HOPIES CONSTRUCTED PRIOR TO THE CHAPdGE IN CITY CODE OPl JUME 25, 1980 ~lOULD BE PERMITTED A FIVE FOOT SGTBl1CK FRO"^. SIDE YARD LOT LINES FOR LOT SPLITS h!HEP! THE NEl~! LOT BEI~1G CREATED P9EETS ALL CURRENT CODE REQUIREf9ENTS The foregoing resolution was duly seconded by Mrs. Scalze. Ayes (4) Blesener~, Scalze, Fahey, Collova. Nays (0). Resolution declar•ed adopted. This r~esolution appear•s in Resolution Book Mo. 19, Page 113. Fahey requested the City Clerk to inform Mr. and Mrs. Becker of this action by the Council. Scalze noted that ther•e has been a vequest to place a gar~age within less than 10 feet fr•om the pr~oper•ty line. The Pl anner• expl ai ned that a pr•oper•ty o~~uner• woul d 1 i ke to r•epl ace an existing gar•age that is located r~ight on a pr~oper•ty line with a new, lar~ger• str~uctur~e. The Planner~ r~epor•ted that he infor~med the pr•oper•ty owner~ that the City Code will r•equir•e a 10 foot setback be maintained on the new str•uctur~e. Scalze noted that a r•equest for• var~iance for• a gar~age was denied on Lakeshor•e Avenue. This was a var•iance for~ setback. Fahey suggested that the Building Inspector~ handle the matter•, noting that ther•e has been no for•mal var•iance r•equest pr•esented to the Council for• action. Page -11-