Zoning Board of Appeals- -Minutes - 5/24/2001
ZONING BOARD OF APPEALS MINUTES Unapproved
May 24, 2001
PRESENT: Chairman Dan Schepp, Vice Chairman Henry Schneiker, Terry O’Neil, David Conley,
Barbara Blumenfield, Horst Schmidt, Assistant Plan Director Dustin Wolff and Recording Secretary
Schroeder.
ABSENT: Mike Brandt
STATEMENT OF PUBLIC NOTICE: Secretary reported notice was provided in accordance with the
Open Meeting Laws.
NEW BUSINESS: APPEAL #03-2001 Petitioner: Joe Graser Residence: W177 S6987 Wildwood Drive
/ Tax Key No. 2176.074 REQUESTING: Under the direction of Chapter 17 Zoning Ordinance: Section
3.08(1) Appeal Provisions, Petitioner seeks the following variances:
Chapter 17—Zoning Ordinance: Section 5.02 Building Location 1.Location Restricted: No building shall
be hereafter erected, structurally altered or relocated on a lot except in conformity with the following
locational regulations as hereinafter specified for the district in which it is located. An offset of 6.75-feet
is required from the north property line and 10.1-feet is required from the west property line. The
petitioner seeks an offset of 4.81-feet from the north property line and 4.48-feet from the west property
line to permit the construction of a detached garage, and is therefore requesting a 1.94-foot variance
from the north property line and 5.62-foot variance from the west property line.
Chapter 17—Zoning Ordinance: Section 4.05 Accessory Uses and Structures (2) C.4. No detached
private garage shall have a floor area greater than 60% of the floor area of the principal building on the
lot. The residence has an assessed first floor area of 1,077 square feet, which allows detached accessory
structures to total 646 SF. The proposed garage is 672 SF and a shed of 194 SF currently exists,
totaling 866 SF. Therefore the appellant is requesting a 226 SF variance for the accessory structures.
Chapter 17—Zoning Ordinance: Section 5.08 Existing Substandard Lots The open space requirements
in the case of such lot may be reduced without appeal provided the open area is equal to at least 75% of
the actual lot area. Minimum open space for the property is required in the amount of 7,858 square feet
(75% of the lot area). The proposal will reduce the open space required by 617 square feet (resulting in
69-percent of the lot area preserved as open space) to permit the construction of a detached garage and
asphalt driveway, and is therefore requesting a 6-percent variance.
Zoned: RS-3/OED, Suburban Residence District as modified by the Existing Development Overlay
Mr. Schneiker administered the oath to Carol and Joe Graser.
Mr. Graser explained the existing garage needs replacing, that neighbors are complaining about the
disrepair. They stated they would like to keep the existing offset. They would like to build a larger
garage because they have no basement and they are in need of storage space. If they were to build it
according to the offset required by the code they would lose a large portion of their yard behind the
garage and they would then need to make a tight turning movement around the house to enter the
garage. Mrs. Graser stated they would not being any closer to the lot line than they are now. In addition,
the petitioner would like to pave the existing gravel drive.
Chairman Schepp reminded the petitioners that if they were to attach the garage they could build a larger
garage. Mr. Grasser stated they would not have enough room to make the swing into a side entry
garage due to the width of the lot and location of the home.
Assistant Plan Director Dustin Wolff read a letter from Attorney Poulson representing Harry Krase S69
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W17741 Wildwood Drive. The letter indicated Mr. Krase objected to the approval of this variance. (See
attached)
Mr. Wolff stated the property is currently legal, non-conforming with a legal non-conforming detached
garage located 4.81 feet from the north property line and 4.48 feet from the west property line. The lot
itself is legal non-conforming as it has a 67 feet average width and 10,477 square feet. This allows for
2,619 square feet of impervious surface. Currently, the property meets the open space requirements.
However, the proposed paved driveway would require an open space variance of 617 square feet.
Staff recommends approve of Appeal 03-2001 permitting an offset of 4.81 feet from the north property
line and 4.48 feet from the west property line, a 226 square feet variance for the accessory structures
allowing 866 square feet on the property, and a 617 square foot variance for the proposed open space;
citing practical difficulty due to the pre-existing condition of the home (lack of basement) and location of
the home and detached garage. In addition, there is practical difficulty in complying with the open space
requirement.
DELIBERATION:
Dr. Blumenfield made a motion to approve the appeal as submitted. Henry Schneiker seconded.
Dr. Blumenfield stated the Zoning Codes have been updated since Mr. Krase’s appeal in 1992 this is not
the same issue as it was then. Mr. Wolff added that properties were allowed 720 square feet accessory
by right at the time, and Mr. Krase wished to exceed that value.
Mr. O’Neil stated the irregular shaped size of the lot and storage are valid reasons for a variance. The
degree of the variance would not be adverse to the neighbors.
Mr. Conley made a motion to amend the approval to vote individually on each item separately. Mr.
Schneiker seconded. Upon roll call vote motion failed 2-3. Schepp, O’Neil and Blumenfield voting nay.
Appeal 03-2001 was voted on by roll call vote, variance granted by a vote of 4-1. Mr. Conley voting nay.
DISCUSSION AND DECISION REGARDING USE OF THE ELECTRONIC VOTING SYSTEM
Mr. Wolff informed the Board of the electronic voting system available to them in the Council Chambers.
After a brief discussion, Dr. Blumenfield made a motion to defer using the voting system at this time, but
the Board reserved the right to re-visit the issue in the future. Mr. O’Neil seconded. Upon roll call vote,
motion carried. 5-0
APPROVAL OF THE MINUTES FROM THE FEBRUARY 22, 2001 AND MAY 3, 2001 MEETING.
Mr. O’Neil made a motion to approve the minutes from the February 22, 2001 minutes. Dr. Blumenfield
seconded. Upon roll call vote, motion carried.
Mr. Conley made a motion to approve the May 3, 2001 minutes. Mr. O’Neil seconded. Upon roll call
vote, motion carried.
ADJOURNMENT: With no further business to come before this board, Dr. Blumenfield made a motion
to adjourn at 8:10 P.M. Mr. Schneiker seconded. Upon voice vote, meeting was adjourned.
Respectfully submitted,
Susan J. Schroeder
Recording Secretary
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