BOARD OF ZONING APPEALS
CITY HALL,
THURSDAY, AUGUST 26, 2010
PUBLIC HEARING
7:00 P.M.
1. Mr. Linek called the public hearing to order at 7:00 P.M. with the following members present: Mr. Linek, Mr. Wright, Mr. Wells and Mr. Cline were present. Mr. Boruszewski submitted a letter of resignation effective August 24, 2010. All members were present. Others present were Joe Henderson, Karen Risher and Gary Fowler.
2. APPROVAL OF MINUTES
OF June 24, 2010, Regular Meeting. Mr. Wells moved to approve; Mr. Cline
seconded the motion. Roll call was taken with Mr. Wells, Mr. Wright, Mr. Linek and Mr. Cline voting “Yea”. Motion
passed, 4-0.
3. SCHEDULED MATTERS:
A. Review and request for a motion to
approve a rear yard building setback variance for a deck at
Mr. Henderson reviewed the report provided to the Board members and stated the owner is proposing an approximate 14 feet by 17 feet deck, 238 square feet. The deck would protrude 11 feet into the rear yard setback. This is zoned PR4 and requires a 30 feet rear yard setback. The proposed deck would be located 19 feet from the rear property line. The rear of the property abuts a City park. Staff supports the rear yard building setback variance request for the deck with minimum zoning requirements and the following condition:
1. That the rear yard setback for the deck shall be reduced from 30 feet to 19 feet.
Mr. Linek clarified that the applicant was not here.
Mr. Wells moved to approve the rear yard setback for the deck shall be reduced from 30 feet to 19 feet. Mr. Cline seconded the motion. Roll call was taken with Mr. Wright, Mr. Cline, Mr. Linek and Mr. Wells voting “Yea”. Motion passed, 4-0.
B. Review and request for a motion to
approve a front yard building setback variance for a fence at
Mr. Henderson reviewed the report
provided to the Board members and stated the owner’s house is located on a
corner and by code requires two front yards.
The owner is proposing to build a four feet high wood fence that would
encompass the backyard. A portion of the
fence encroaches into the 25 feet front yard setback along the northern side of
the property along
Staff supports the front yard setback variance request for the fence that complies with the minimum zoning code requirements and with the following condition:
1. That the front yard setback variance shall be
reduced from 25 feet to 12.5 feet along
Gary Fowler, after being duly sworn, stated he has two young children and wants the fence for safety purposes. Upon review of his original request he agrees that was too extensive and he would like to amend his request to be eight feet from the sidewalk and 19 feet from the house. This will allow a tree on his property to be enclosed within the fence.
Mr. Wright clarified that eight feet from the sidewalk would result in 19 feet from the house, and that the homeowner of the house behind him does not have a problem with this.
Mr. Wright moved to approve the request for the front yard setback for a fence shall be reduced to allow the fence to be eight feet from the sidewalk and 19 feet from the house. Mr. Wells seconded the motion. Roll call was taken with Mr. Wright, Mr. Linek, Mr. Cline and Mr. Wells voting “Yea”. Motion passed, 4-0.
4. OTHER BUSINESS: Mr. Henderson stated that as of August 24th Mr. Boruszewski had sold his house, moved out of the City limits and has resigned from the Board of Zoning Appeals. The City will be searching for a replacement. He also stated that as of this point there will be one case on the agenda for next month.
5. ADJOURNMENT: Mr. Linek moved to adjourn; Mr. Wells seconded the motion. Mr. Linek, Mr. Wells, Mr. Cline, and Mr. Wright voted “Aye.” Motion carried, 4-0. The Board of Zoning Appeals adjourned at 7:17 P.M., August 26, 2010.
RESPECTFULLY SUBMITTED:
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Karen I. Risher, Administrative Clerk
ATTEST:
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Joseph P. Henderson, City Planner