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1 Planning Commission Minutes 2 April 19, 1994 3 Page 2 4 5 setback. Mr. Hamer noted that this is not a pre-determined variance by the City Council as 6 is being rumored. Mr. Mercil had requested a five foot setback off the back propem? line and 7 23 feet from front property line. Mr. Mercil did not receive the results of his survey until 8 after the initial variance had been granted. This survey showed that the City owns a 66 foot 9 right-of-way rather than a 60 foot,and all of it is on his side. His house would,based on this, 10 be set five feet from his property line, which would result in 9 feet to his neighbor's house. 11 Mr. Mercil, due to being at risk of losing his financing, put in the foundation, with the 12 Council's approval, with the written statement that he would remove it if the variance is not 13 granted. The house right now is sitting at a 23 foot setback which was granted at the last 14 variance. The request is 8 feet, which brings it 15 feet to the property line. 15 16 Commissioner Faust asked how this differs from the previous request. The Interim City 17 Manager stated that the garage was the last variance request. The change in the variance 18 request is due to the change in the 6 feet of right-of-way, which would put the house closer 19 to the neighboring house. 20 21 Mr. Mercil addressed the Commissioners, stating that what was requested the last time 22 turned out not to be the case and he believes that all the Commissioners are familiar with the 23 story. The problem occurred when the survey came back at the time they were ready to 24 begin building, and he was in danger of losing his financing. The Mercils approached the 25 City Council to request changing the variance. The City Council stated the Mercil's would 26 have to re-apply for the variance. The Mercils are doing this now, but due to time 27 constraints,they have had to put in the full foundation, which has been done in accordance 28 with the 23 feet of the original variance. This will be removed if the variance is not granted. 29 30 Mr. Mercil produced two pictures which were presented to the Commission members which 31 showed markings between his home and the south house on the current variance. It would 32 be close enough to present a drainage problem and would produce more of an "inner city" 33 rather than suburban appearance. Moving the house 9 feet away(the current request) would 34 resolve the drainage and appearance problems. Mr. Mercil showed two more pictures to 35 Commission members. Measurements were taken on the other two sides and they have 36 looked at the homes on the west and east. The City has restricted the Mercils to having the 37 garage facing Townview, which leaves them with no back yard, so the house was designed 38 to use the side yard as part of the back yard. Tucking the garage under and extending it out 39 an additional eight feet, they gain a full garage. Putting the garage on the left side of the 40 home would have eliminated any possible side yard on the lot. If the garage had to be placed 41 on that side,the lot would have been unusable for their home. Mr. Mercil passed three more 42 pictures to Commission members showing that the other homes approximately line up. Also 43 included was a picture of the white house to the east across Townview, showing that it is 44 closer to the Townview street than his whole project. Also, if the proposed home had been • 45 located without the new variance, they would not have had to touch the little yellow house