My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
CC MINUTES 07241984
StAnthony
>
City Council
>
City Council Minutes
>
1984
>
CC MINUTES 07241984
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
12/30/2015 6:01:55 PM
Creation date
12/30/2015 6:01:53 PM
Metadata
Fields
SP Box #
21
SP Folder Name
CC MINUTES AND AGENDAS 1984
SP Name
CC MINUTES 07241984
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
11
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
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, in <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-'wou_ld-_ 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 h_ any projection with_ n"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 />
The URL can be used to link to this page
Your browser does not support the video tag.