2001-09-26 CC - Laserfiche WebLink

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one car garage detached garage. She further noted that a two car attached garage will not work on the lot due to the way the house sits on the property and the location of the well. Council Member Nelson questioned whether Mr. and Mrs. Bates meet the requirements to be granted a variance. Council Member Broussard Vickers noted that the Planning and Zoning Committee voted to approve the variance request as the membex,s feel that they may need to revisit the ordinance requirements for houses in the R4 zoning district. She then noted that Mr. Wilharber, a member of the Planning and Zoning Committee, had commented at the meeting that it may be possible to apply the variance requirements to the Bates' circumstances. Mr. Wilharber indicated that Royal Meadows was developed as a PUD with very small lots. He indicated that it was the first development in the City to allow doublewides onto small lots. He then indicated that looking back at the development the City should have required that the houses be set off to one side rather than centered on the lot which seems to be causing issues with building garages. Mr. Wilharber indicated that the City has granted variances for other residents in the Royal Meadows development to allow for a garage and he feels that denying this variance request would deprive the resident of something others in the same zoning area have. He then stated that he feels that any time a resident wants to add value to the property with improvements the City should encourage them to do so. He further stated that not everything is black and white there needs to be a little gray every now and then. Council Member Broussard Vickers inquired as to whether City Attorney Hoeft had reviewed the wording in question in the ordinance. City Attorney Hoeft indicated that the ambiguity of the language in the ordinance was irrelevant as the residents do not meet the requirements for the granting of a variance. He then said that if the City intends to review the ordinance for a possible change he would recommend the variance be denied. He then indicated that granting a variance, in effect, would make the ordinance ineffective and would set a precedent for all residents to argue they should be granted a variance. Council Member Broussard Vickers indicated that two percent of the Bates' rear yard is 150 square feet and said the Planning Committee felt 150 square feet was too small and added the 200 square feet language to the ordinance for the R4 zoning district. She then said that Mr. and Mrs. Bates have asked for a variance to construct a 400 square foot garage which is twice the size allowed by the ordinance. Ms. Buckbee of 7381 Peltier Circle indicated that granting the variance would not be setting a precedent for others in the City because Royal Meadows is the only R4 zoning in the City. Page 5 of 29