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HomeMy WebLinkAbout04/26/2002 P&Z minutes 11-02MINUTES OF TI:IE REGULAR MEETING OF TKE PLANNING & ZONING COMMISSION CASE NO. PZ-11-02 PETITIONER: Hearing Date: April 26, 2002 Lawrence E. Pezen, Jr. 306N. Owen St. PUBLICATION DATE: April 10, 2002 REQUEST: Variations to allow a 770 square foot garage with a 2.2-foot setback MEMBERS PRESENT: Merrill Cotten Joseph Donnelly Leo Floros Richard Rogers, Vice Chairperson Matthew Sledz Keith Youngquist MEMBERS ABSENT: Arlene Juracek, Chairperson STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner INTERESTED -PARTIES: Lawrence and Pat Pezen Vice Chairperson Richard Rogers called the meeting to order at 7:30 p.m. Minutes of the March 28 meeting were approved, with one minor eon-ection. At 9:12, after hearing two cases, Mr. Rogers inlzoduced Case No. PZ-11-02, a request for Variations to allow an oversized garage and for the side-yard setback. He explained that this case would be Planning & Zoning Commission final. Judy Connolly, Senior Planner, introduced staff's memorandum for the case. She reported the subject property includes an existing home and an existing detached garage located on a single-family residential street. The petitioner added to the existing garage and increased ~the size of the garage to 770 square feet. The modification was done without a permit and the petitioner is seeking a variation for the size and location of the addition. The existing garage is located a little more than 2-feet from the side.property line. It is a legal nonconformity. However, the addition to the garage is required to have a 5-foot setback. Also, the size exceeds the maximum 672 Square feetlperm/tted by the Zoning Ordinance. The petitioner stated in his application that structures cannot be placid in the rear yard without impacting drainage flow and that water has come up almost 24-feet from the rear property line recently. In order to approve the variations, the commission has to find that the request meets the standards listed in the Zoning Ordinance. Ms. Connolly said that Staff reviewed the petitioners' plat of survey, site plan, visited the site, and found that the subject property is rectangular shaped and .it's not in a flood zone. The applicant constructed an 11'x22' addition to the existing 22'x24' garage without obtaining a permit. Current code requires a five-foot setback, and limits the size of the garage to 672 square feet. While the addition to the garage cannot be seen from the street, the garage is almost 15% larger than the maximum size allowed by the Zoning Ordinance. The petitioner's request does not meet the standards for a variation listed in the zoning ordinance. Ms. Connolly said that as part of the review, staff noted that the petitioner is permitted up to 50% impervious lot coverage and currently has 39.4% lot coverage. She said that if the purpose of the addition is to create a storage area, then the petitioner has the alternative of constructing a smaller addition to the garage and installing a shed. She said that an addition to the garag~ along its north wall would not impact the side yard setback nonconforrrdty. The new shed could be located closer to the-house, out of any water ch, ainage areas, and the petitioner would have slightly more storage space, while complying with zoning regulations. Ms. Connolly noted that although the requested variations are unlikely to have a detrimental effect on neighborhood character, the request fails to support a finding of hardship, as required by the Zoning Ordinance. Based on these lanning & Zoning Commission PZ-11-02 Arlene Juracek, Chairperson Page 3 Mr. Rogers closed the public hearing at 9:41. Joseph Donnelly moved to grant a Variation for an oversized, 770 s.f. garage at 306 N. Owen Street, Case No. PZ-I 1- 02. Men'ili Cotten seconded the motion. UPON ROLL CALL: Motion was disapproved 6-0. AYES: None NAYS: Cotten, Donnelly, Floros, Rogers, Sledz and Youngquist Joseph Donnelly moved to grant a Variation to allow a 2'2" side-yard setback at 306 N. Owen Street, Case No. PZ-11- 02. Keith Youngquist seconded the motion. UPON ROLL CALL: Motion was disapproved 6-0. AYES: None NAYS: Cotten, Donnelly, Floros, Rogers, Sledz and Youngquist At 9:43 p.m., Keith Youngquist made a motion to adjourn, seconded by JOseph Donnelly. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary J~ Cm~n'o fl)/, ~'en~or ~l~n~e~ '