05-23-2001 Council Agenda - Laserfiche WebLink

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MINUTES PLANNING COMMISSION MAY 10, 2001 Mr. Kostetecky pointed out that there was a similar setback variance request made a number of years ago and it was denied. The Planner replied that that was correct. The previous request was for a garage with a 3 -foot setback from the property line. Terry Smith, 2536 Stark Street, stated that he did not oppose a garage being constructed at 2535 Stark Street as long as the garage meets the City's setback requirements. Smith agreed with the comment made earlier that if the house had been located properly to begin with, a garage meeting setback requirements could have been constructed. Abraham noted that a variance can be granted when there are special conditions and circumstances present. Keis pointed out that when someone purchases a house, it is their responsibility to check things out very carefully. Wojcik noted that there are houses on Stark Street that were built prior to 1981 that have five -foot setbacks. It was noted that until the Code was changed in 1979, garages could be constructed up to five feet from the property line. Wojcik suggested that while it might require a Variance to allow the five -foot setback, he suggested that it might be fair in this case given the other homes in the area with five -foot setbacks. Roycraft suggested that in considering whether or not there is a hardship, the Commission should consider both the past and the present relative to Code requirements. It was noted that only the Abraham house and one other on the street do not have garages. Therefore, given there are only two houses that might be impacted by the change in setback requirements, it would seem reasonable to grant the variance. Wojcik asked the impact of granting this variance on other properties in the City. The City Planner replied that the impact decreases if there are conditions that can be tied to this property that would preclude other properties or limit the number of properties impacted. However, once a variance is granted, if other properties meet the same conditions, then it would be reasonable to approve the same variance for these properties. The Planner suggested that one unique factor is that there are a number of varying setbacks in this particular neighborhood. Therefore, a five -foot setback would not be out of character for the neighborhood. Mrs. Kostelecki pointed out that if the variance is approved, the overhang for the garage would encroach into the five -foot setback. The City Planner stated that overhangs can encroach into a setback up to two feet. He suggested that a condition could be placed on an approval limiting the encroachment from the overhang. The Planner suggested that a hip roof Page 56