2001-09-04 P & Z - Laserfiche WebLink

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Chairperson Hanson indicated he had tried to fit Mr. and Mrs. Bates situation into the criteria but does not feel the criteria have been met. Council Liaison Broussard Vickers reviewed the variance requirements for the applicant. Chairperson Hanson recommended attaching the garage to the house and meeting the 10- foot setback. Commissioner Wilharber stated that, in his opinion, the criteria could be met because the area was developed as a PUD which is unique in its own respect. He then said the homes were placed on the property with no allowance made for garages, and other variances were granted in the area so he feels not granting the variance to Mr. and Mrs. Bates would deprive them of something others have. He further stated that an improvement to the property would have the advantages of improved appearance of the property and tax benefits for the City. Council Liaison Broussard Vickers cautioned that if Commissioner Wilharber’s logic were applied to some of the larger lots in the City some very large structures could be built. She then questioned if this variance were granted whether the City would need to grant them for everyone else who asked. Commissioner DeVine questioned whether there was any other R4 zoning in the City. Mr. Bates indicated that, even if he were allowed to build the 20 x 20 garage, he would still need another building for storage. Council Liaison Broussard Vickers indicated that he would not be allowed another accessory structure. Mrs. Bates indicated she had called the City to ask if they would be able to build a garage before purchasing the house. She then indicated they would not have purchased the house if they had gotten accurate information from the City concerning the issues involved in building a garage on that lot. She further stated that she feels City Staff is the residents’ link to information and regulations within the City and she feels a person should be able to rely upon the information received. Commissioner Wilharber indicated that, unless you build the City exactly the way you want it to begin with, variances are necessary. He also said not everything can be black and white there needs to be some gray. Motion by Commissioner Brainerd to recommend Council deny the variance request for an oversized accessory structure at 1977 South Robin Lane. The Motion died for lack of a second. Motion by Commissioner Wilharber, seconded by Commissioner McLean to recommend Council approve the variance request for an oversized accessory Page 13 of 16