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MINUTES <br />Planning Commission <br />June 11, 1987 <br />Rusch Mr. Rusch pointed out that he cannot afford to build a new garage, <br />Conditional and obtained this garage inexpensively. Rusch felt that given the <br />Use Permit abutting commercial property, the variance request was proper. <br />DeLonais pointed out that there is not hardship present to warrant <br />granting the variance. <br />Timmons pointed out that a hardship cannot be economic in nature. <br />Timmons stated that the variance is only being requested as Rusch <br />wants the garage in a certain place in the yard, however, there is <br />no hardship. <br />Fred Rusch felt that the property should be grandfathered in under <br />previous ordinance which allowed 5 foot sideyard setbacks as the <br />area was an established area and not a new area. <br />The Planner stated that the only rights grandfathered in on a property <br />are those in place and being utilized when the ordinance is changed. <br />The 5 foot setback provision was not being used on this property when <br />the ordinance was changed. <br />Davison reocmmended approval of the conditional use permit for <br />garage relocation requested by Theran Rusch of 2731 Lakeshore <br />Avenue provided that the garage has a similar exterior appearance <br />as the existing house. <br />Motion seconded by Mr. Herkenhoff. <br />Motion carried 5 - 0. <br />Mr. Davison recommended denial of the variance request for 5 foot <br />sideyard setback for the garage to be located at 2731 Lakeshore <br />Avenue based on the fact that the criteria for hardship has not been <br />met. <br />Motion seconded by Mr. Herkenhoff. <br />Motion carried 5 - 0. <br />Senty Douglas and Betty Senty, 3007 Arcade Street, appeared before the <br />Property Commission requesting the division of their property into two <br />Division lots. <br />The Planner reported that there is enough area to divide the <br />property, however, in reviewing the proposal the issue of Allen <br />Avenue surfaced. The Planner felt that the property division <br />could be approved provided that the Engineer locates Allen Avenue <br />and the City is granted the necessary easement for Allen Avenue. <br />Page 5 <br />