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City Council Regular Meeting Minutes June 28, 2005 Page 2 Commissioner Hanson stated a request by Mr. John Kaczmarczyk for a variance to the rear yard 2 requirements of the City Ordinance in order to construct a 26' x 30' or 780 square foot garage in 3 the rear yard setback of his property was presented. He explained Mr. Kaczmarczyk is recently 4 retired and wanted to correct some inadequacies he noticed while fixing his house. He did tear 5 down a garage adjacent to his house and wanted to build this garage in his yard. The Ordinance 6 allows a 528 square foot garage. An approximate size of 22' x 24' is allowed. The interior lot is 7 approximately 10,106 square feet in size and is 20% covered with impervious surfaces. The 8 proposed garage would increase the lot coverage to 28 %. The Planning Commission could not 9 find a reason to grant this variance. Commissioner Hanson indicated Mr. Kaczmarczyk may 10 have already been in contact with Council to either withdraw his plan or come to a satisfactory 11 solution. He stated there is no alley, and there is no room for utility trucks to come in and work 12 on a pole in his yard if need be. 13 14 Mr. Morrison noted Mr. Kaczmarczyk did come into the office on Friday with a revised plan that 15 fits the Ordinance. He added that Mr. Kaczmarczyk has not withdrawn any plan. 16 17 Councilmember Thuesen noted there are three former Planning Commissioners on the Council. 18 He asked if the size 22' x 24' is a standard size in the first ring suburbs. 19 20 Commissioner Hanson responded that one of the things the petitioner said is that he would still 21 be within the guidelines, and he did not think it would be obnoxiously large. A new structure 22 can be up to 1,000 square feet. He reiterated that according to the three requirements the Commission must abide by to give a variance, it could not find a reason to grant the variance. <Y He said some of the Planning Commissioners did think that the 26' x 30' size is quite large and 25 may be unnecessary, since it is a smaller lot. 26 27 Councilmember Thuesen raised the issue of when the garage looks bigger than the house, it may 28 not be something that is wanted in the Village. 29 30 Councilmember Stille questioned why a concept review was not presented. He mentioned that 31 previous Councils have limited the size of garages to not encroach on the neighbor. 32 33 Commissioner Hanson replied he was unsure why there was no concept review. He said it was 34 assumed that the City Staff encouraged the applicant to come before the Commission. The 35 applicant was anxious to get the project underway. 36 37 Councilmember Horst asked if the 28% lot coverage was an issue. 38 39 Commissioner Hanson said it would not be on his side of the lot. He noted it is a substandard 40 size of lot. 41 42 Motion by Councilmember Horst, seconded by Councilmember Stille, to deny Resolution 05- 43 054; Re: A request for a variance for rear yard for a property located at 2513 West Armour 44 Terrace NE. Mayor Faust pointed out that the applicant cannot build a garage where he asked to put it, though 47 he can still build a garage that fits in the Ordinance.