1991-06-04 Minutes - Laserfiche WebLink

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PeZ Meeting Minutes June 4, 1991 page two Request for Variance - 1759 Main Street Ordinan #4 ion 4 06 AMOUNT nF YARD O U IED and SP t+ u 43.01 CHANGE IN NON - CONFORMITY. It was noted that the Public Hearing for the variance request was held at the April 8, 1991 Planning and Zoning Commission meeting. It was the recommendation of the City Attorney that a variance not be granted because the use of the structure is non- conforming with the zoning requirements for a Conservation C -1 Zoning District. It was the recommendation of the City Attorney that this parcel be considered for rezoning, if the property owner requests the rezoning. If the property owner requested rezoning than the request for variance could be considered. The property owner has requested rezoning of the property. The public hearing and recommendation were discussed earlier at this meeting. Motion by Drilling, second by Wilharber to recommend to the City Council that a variance from Ordinance #4, Section 34.06 AMOUNT OF YARD OCCUPIED to expand the existing garage be granted based on the following: 65.03 -1 Special conditions and circumstances exist which are peculiar to the land, structure or building involved and do not result from the actions of the petitioner; 65.03 -2 Literal interpretation of the provision of this ordinance would deprive the petitioner of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; 65.03 -3 Granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures or buildings in the same district; 65.03 -4 The proposed variance will not impair an adequate supply of light and air to adjacent property, or unreasonable diminish or impair established property values within the surrounding area, or in any other respect impair the public health, safety or welfare of the residents of the City; contingent upon the City Council approving the rezoning of said property to Single Family Residential - Sewered (R -2), motion carried unanimously. The Planning and Zoning Commission asked Mr. Tuomi if the garage were to be expanded would the garage be more non - conforming in regards to the current 10 foot rear yard set back. Mr. Tuomi noted that the expansion would not be more than the present 10 foot year yard set back of the present garage.