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4 <br /> Planning Commission Meeting Minutes <br /> June 21, 2005 <br /> Page 4 <br /> 1 there are two other garages in the neighborhood, one is approximately 25-feet and the other is <br /> 2 approximately 40-feet noting that neither has a breezeway on the back. <br /> 3 <br /> 4 Mr. Kaczmarczyk stated that it was his understanding that the 25-foot requirement in the back is <br /> 5 so that a vehicle could be brought to the back to work on the utility lines. <br /> 6 <br /> 7 Chair Stromgren clarified that the 25-feet is set back by the zoning ordinance adding that it is not <br /> 8 a utility easement. He stated that as far as the zoning ordinance is concerned it is to preserve the <br /> 9 open space in the yards and manage stormwater runoff. <br /> 10 <br /> 11 Chair Stromgren closed the public hearing at 7:19 p.m. <br /> 12 <br /> 13 Commissioner Jensen clarified that he does not view having a 26-foot wide garage as an <br /> 14 incredible harm to the community noting that his difficulty is the code has rules and it is not the <br /> 15 Planning Commission's job to override the rules,but the Council has the discretion to take their <br /> 16 advise and do as they see fit. He stated that he does not read the code to state that they should <br /> 17 deny a garage that would be 24-feet by 30-foot deep garage because it does appear that there are <br /> 18 provisions to allow this. He stated that he would like to propose, if the applicant is willing to <br /> 19 work with the 24-foot, they could get a permit, but if they choose to go to Council, he has no <br /> 20 choice but to propose a denial of the variance request. He stated that he cannot make the <br /> 21 findings, it's a rectangular lot that is not unusual and there is nothing that is not caused by the <br /> 22 design. <br /> 23 <br /> 24 Chair Stromgren clarified stating that he sees the 24-foot width requirement but it also has the <br /> 25 528 square foot area requirement, which is clearly over by 252-square feet. <br /> 26 <br /> 27 Commissioner Jensen acknowledged and explained that the two provisions of the R-1 are in a bit <br /> 28 of a conflict. He stated that they do not have a problem, as a community, of allowing a garage <br /> 29 that would be under 1000 square feet so long as they are in the building setback area, but if you <br /> 30 are down under 528-square feet it is ok to be within the setback area as long as they apply for the <br /> 31 special permit. He noted that as a housekeeping ordinance provision the ordinance has two <br /> 32 different allowances, if the applicant was 25-feet back from the rear line and 7-feet back they <br /> 33 wouldn't be able to deny a garage of a 1000-square feet because it is less than his house size, but <br /> 34 it is caught in between. He stated that it is a reasonable proposal but the provision does not allow <br /> 35 anything wider than a 2-car, 24 by 22-foot, detached garage. He stated that it is not the Planning <br /> 36 Commission's responsibility to change the rules. <br /> 37 <br /> 38 Chair Stromgren noted that there are also three requirements outlined in the City Code as well as <br /> 39 by State law that have to be satisfied in order to be able to grant a variance. He reviewed the <br /> 40 requirements stating that all three would have to be satisfied to grant a variance. <br /> 41 <br /> 42 Vice Chair Hanson stated that he would like to see the applicant.get his garage. He stated that <br /> 43 hopefully between now and the Council meeting next week they could find some form of <br /> 44 compromise. He stated that it would improve the quality of his property. <br /> 45 <br />