1989-09-05 Minutes - Laserfiche WebLink

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Pursuant to due call and notice thereof, the Planning and Zoning Commission held a public hearing on September 5, 1989, at City Hall. The purpose was to hear all persons present regarding a request for variance from the Side Yard Setback of Ordinance 114, Table B, Schedule of District Regulations, lot and yard requirements to erect a three season porch and attached deck five feet from the north property line of the property described as follows: that part of lot 11 auditor's subdivision no. 47 revised description as follows; commence at the northeast corner of said lot 11 - then southerly along the east line of said lot 11 a distance of 416.86 feet to the point of beginning - then continue southerly along said east line of lot 11 a distance of 105.62 feet - then westerly parallel with the north line of said lot 11 a distance of 175 feet - then northerly parallel with the east line of said lot 11 a distance of 105.62 feet - then easterly to the point of beginning and subject to the existing 8th street along the east line thereof. The property address is 7231 Mill Road. Chairman Tourville called the hearing to order at 7:03 p.m. Present: Welk, Lindgren, Drilling. Absent: Vermeulen. Joe Perkowski, owner of the property at 7231 Mill Road, was present. Mr. Perkowski explained that there is an existing deck attached to his home that was constructed four feet into the north side setback. It appears that the deck was built prior to the present setback requirements. He wishes to remove the existing deck and replace it with a three season porch and new deck. His plan would require that he go one foot further into the north side yard setback than his already non - conforming deck, thus requiring a variance for five feet. Mr. Perkowski noted that the neighbor on the north side of his property was 31 feet from that property line, and that his neighbor had no problem with Mr. Perkowski's plan. Mr. Perkowski also noted that due to the design of his home, the north side provided the only location possible for the porch. The fact that his home was constructed fifteen feet from the north side property line at one point and sixteen feet from the north side property line at another point left no extra space between the home and the side yard setback requirement creating special conditions and circumstances. He felt that if he could not construct the porch on the north side of his property he would be denied the privilege of having a porch, something other property owners may be able to have.