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PL PACKET 08211984
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PL PACKET 08211984
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12/30/2015 3:32:38 PM
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12/30/2015 3:32:26 PM
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15
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PL PACKETS 1984
SP Name
PL PACKET 08211984
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ultimately be made- by the City Council . He went on .to further state <br /> that the real issue as far as the City Council is concerned, is what,. i ro <br /> their opinion, did-:-the Council mean when that section of .the Ordinance <br /> was approved. Regarding the dictionary definition of the word bay, <br /> that definition may be taken into account, but the Council ' s decision <br /> should not be based solely on that, the -Attorney added. <br /> Mr. Soth, when speaking on this specific request, said the issue appears <br /> to be that the addition would be larger than usual , yet it is within ,the <br /> parameters outlined in the Ordinance. Of relevance are the facts that <br /> the proposed addition is cantilevered, is a projection from the base <br /> building, and the roof line will not be altered. The main argument by <br /> the opposition is that the addition is too large- to be a bay and it is <br /> not curved, the City Attorney- noted. <br /> Councilman Enrooth reiterated the City Attorney ' s opinion that the <br /> Council must decide what was intended by the Ordinance makers , in that <br /> no size limitations or specific definitions are outlined in the <br /> Ordinance . - <br /> The City Attorney noted that in this case windows are proposed to be <br /> installed in the bay , however, they are not necessary to constitute a <br /> bay. He reiterated the Council ' s decision rests on whether this design <br /> would constitute a bay as intended in the City Ordinance . <br /> Mr. Root asked Mrs . DeKanick if the bay would extend into the porch <br /> addition, whereupon Mrs . DeKanick indicated they propose to extend the <br /> back wall 2 feet. Mr. Root also asked if the DeKanick' s could install <br /> an awning on the window of the bay in the future because the sun is <br /> a hardship . The Mayor pointed out that that would make the projection <br /> closer- than 3 feet from the property line , and thus would not be <br /> allowed. <br /> The City Attorney said the Ordinance does not specifically address <br /> awnings in that section, but agreed with the Mayor that Ordinance inten- <br /> tion is not to have any projection within 3 feet of the property line . <br /> He suggested that in the future, the Council may desire a more specific <br /> definition in the Ordinance, but for this case they must decide in their <br /> own minds what their interpretation will be . <br /> Councilman Enrooth asked exactly what constitutes an encroachment . <br /> Mr.- Soth indicated that in legal terms an encroachment is something <br /> which extends across a property line . He emphasized the word, in this <br /> case, should be taken into context and "encroachment" is actually an <br /> extension. As such, "encroachment" has no significance in this case . <br /> Mr. Root inquired if it would be -the proper time for him to ask if he <br /> could erect a privacy -fence on the property line. In response, Mayor <br /> -.Sundland told Mr. Root he could obtain a permit to build a six foot <br /> privacy fence, - if he' so desired. The Mayor also indicated he did not. <br /> feel the applicant would need a variance because the definition of- a <br /> bay in relation to the City Ordinance would be, met. <br /> Councilman Makowske felt that that is the correct interpretation by the⢠<br /> "'Council ' in that the Ordinance does not define sizes , the request will <br /> not change-' the roof line and the proposed addition will not extend into <br /> the yard. She noted, too, that the DeKanick ' s or any subsequent owner <br /> should not be allowed to add an overhang in the future. <br />
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