Laserfiche WebLink
<br />Minutes for the Board of Zoning Meeting of Thursday, August 24, 2023 <br />Chair Weidt called the meeting to order at 6:30 pm. <br />PRESENT: Arcand, Weidt. <br />ABSENT: Petty. <br />STAFF: Rachel Juba, Community Development Director <br /> Max Gort, Associate Planner <br /> <br />Approval of Minutes for the BOZA Meeting of October 27, 2022 <br /> <br />Board Member Arcand made a motion, seconded by Chair Weidt to approve minutes for the meeting <br />of October 27, 2022. <br /> <br />Ayes: All. <br />Nay: None. <br />Motion carried. <br /> <br /> <br />Public Hearing: Nick Heinle, Prairie Homes, LLC. – Variance request for 14320 Grantaire Lane North <br /> <br />Staff provided a background on the request submitted by Nick Heinle, owner of Prairie Homes, LLC. <br />The request is for a window well at 14320 Grantaire Lane to encroach on the required side yard <br />setback by a distance of 3 feet, 8 inches, where an encroachment of 2 feet is allowed by ordinance. A <br />building permit was issued on June 28, 2023 approving new construction of a single-family home with a <br />window well located in the side yard setback a distance of 3 feet, 8 inches. Staff was in error in issuing <br />the permit. The house and window well are under construction. The applicant is requesting the <br />variance to allow for the window well’s encroachment. Window wells must be at least three feet deep <br />to allow for safe egress in the event of an emergency, making the request a reasonable use. There area <br />unique circumstances in that the Victor Gardens development conta ins homes with a 5-foot side yard <br />setback on the side of the home with the garage. The character of the area will not be noticeably <br />altered due to the window well being at-grade. Staff is of the opinion that there are practical <br />difficulties in meeting the ordinance standard. The spirit and intent of the ordinance is to maintain <br />space between adjacent buildings. Since the window well is not a building and is constructed at grade, <br />the requested variance meets the spirit and intent of the ordinance. Staff is recommending approval of <br />the variance subject to the conditions in the approving resolution. <br /> <br />Board Member Arcand asked if the plan should have been approved. Juba stated that the window <br />well’s placement would not ordinarily be approved and that had the er ror been caught during <br />permitting, staff would have required the applicant redesign the home such that it meets the <br />ordinance standard. <br />