BOARD OF ZONING AND BUILDING APPEALS
May 13, 2004
Members Present: Don Dean, Bill Heim (Chair), Trudy Knox, Tim Tyler (Vice Chair)
Members Absent: none
Also Present: Chris Strayer, Village Planner
Visitors Present: Robert and Margaret Betts
Citizens' Comments: None
Swearing in: The Chair explained the process for the upcoming hearing and swore in all those who wished to speak during the evening.
Robert Betts, 123 South Mulberry - Side and Rear Setbacks
Mr. Betts described the plans to demolish the carport and build a 20'x20' garage with aluminum siding on the site where the carport is now. The structure will line up with the neighbor's garage. Variances are necessary to place the building on the most appropriate spot. Since the lot is very small, placing the garage anyplace on the lot would violate setback requirements. He has checked with the neighbors, who have no objections; nor has Mr. Strayer heard any objections. The applicant's garage is one foot shorter than the neighbor's garage. They would be 4' from the side lot line and 0' from rear setback.
Mr. Tyler asked how much space is between the two garages and was told about 10', which just fits within the lot line. There is a strip of land between the garages.
Ms. Knox felt that it would fit in the proposed location and since no neighbors have objected, it would be an improvement.
Mr. Betts thought of adding onto the house, but this proposal is better. It's a one-car garage, not large enough for anything else except a lawnmower. The pitch of the roof is the same as the house.
Mr. Heim complimented the applicants on the landscaping and said they are taking a big hunk out of the yard, but it does look nice.
MS. KNOX MOVED TO CONSIDER CRITERIA FOR THE APPLICATION:
A. That special circumstances or conditions exist which are peculiar to the land or structure(s) involved and which are not applicable to other lands or structures in the same zoning district. Lots are small on this street and have been small for many years. Any lot on this street would have trouble fitting a garage within the setback. The placement of the house precludes any other location for a garage.
B. That a literal interpretation of the provisions of this Zoning Ordinance would deprive the applicants of rights commonly enjoyed by other properties in the same zoning district under the provisions of this Ordinance. It would deprive because others on the street have garages, one of which is right next door.
C. That the special conditions and circumstances do not result from the actions of the applicant. The size of the lot was present before the applicants bought it. There is just so much land to work with.
D. That the granting the variance will not confer on the applicant any undue privilege that is denied by this Ordinance to other lands or structures in the same zoning district. There are very few houses with garages within the code.
E. That the granting of the variance will in no other manner adversely affect the health, safety, and general welfare of the persons residing or working within the posed variance. It would not do so as long as they keep the gap between the structures as planned.
MS. KNOX MOVED TO APPROVE APPLICATION 04-048 AND FINDING OF FACT FOR SIDE AND REAR SETBACK VARIANCES AS PRESENTED AS RELEVANT TO Nos B,D, AND E ABOVE. MR. DEAN SECONDED, AND IT WAS UANIMOUSLY APPROVED.
Minutes of April 8, 2004: MR. TYLER MOVED TO APPROVE MINUTES AS PRESENTED; MS. KNOX SECONDED, AND MOTION WAS UNANIMOUSLY APPROVED.
Next Meetings: Mr. Strayer will be out of town June 10 and will e-mail us a couple of possible change of dates in case an application comes in.
Adjournment: 7:20 p.m.