CC MINUTES 02261985 - Laserfiche WebLink

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-5- The Council , in denying the variance, has further informed the owners of the subject fence that the structure must be brought up to the standards set by City codes Sfor quality of maintenance, condition, and workmanship and that it must be located on their own property. Motion carried unanimously. Commissioner Wagner next reported the Commission vote had been four to two to recommend the Council grant James J. Tjernlund a five foot sideyard variance on the south side of his property at 3124 Silver Lake Road, which would allow him to make the two car garage and seven foot wide room addition to the existing home at that address. The Commission representative reported there had been some disagreement among the Commissioners of whether the intent of the variance could be perceived to be "based exclusively on the desire to increase the value or income potential of the parcel ", but the majority had concluded only a minor economic factor had been involved in the applicant's request for additional family living space in that substandard-sized structure. Councilman Ranallo reported he had visited the site and, although he shared some of the concerns about a four foot setback on the south side, had concluded that the topography of the land to the rear of the property and the fact that the applicant could add the garage without a variance, would require any emergency vehicle to approach the property from Harding instead of Silver Lake Road. Councilman Marks recalled that when the ordinance had been written there had been recognition that the passage of emergency vehicles would prob'bbly be impeded by the presence of big trees, fences, and utility poles. Instead, the Councilman indicated he perceived the purpose of sideyard setbacks had been to prevent fires from jumping from one structure to another. The applicant was present but declined to speak.. Motion by Councilman Makowske and seconded by Councilman Marks to grant James J. Tjernlund a five foot sideyard variance to the City Ordinance requirement for 15 foot total sideyard area which would allow a four foot sideyard setback on the south side of the existing home at 3124 Silver Lake Road after the construction of the 26 foot garage and seven foot room addition he proposes, finding, as did the Planning Commission, that: 1 . The applicant had testified during the Commission hearing that he could not add to his existing 750 square foot home in any other manner because of' the_ steep . dropoff of the land to the rear of his property; and 2. The conditions which the Ordinance requires must be affirmatively satisified to grant this variance had been done so for this proposal . Motion carried unanimously. In reporting the Commission's unanimous recommendation that the request for a free standing "sandwich(" board" type of sign, in addition to the existing wall sign on the southeast side of the building at 2550 Kenzie Terrace, be denied the Mobile Hi-Fi Sound Center, Commissioner Wagner said the Commission had perceived the requested sign would violate the City Sign Ordinance and had disputed, in view of the size • of the sign the business already has on their building, the applicant's claim that, without the variance, his business would suffer undue hardship caused by the Ordinance. Mayor Sundland indicated that he had visited the site and perceived the wall sign took up the whole side of the building.