09-23-1996 Council Packet - Laserfiche WebLink

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. <-meetinq 2 3 1996 REQUEST FOR COUNCIL ACTION DATEPlF[Qa0||Ol^. 19% ITEM NO.: y j Department Approval: Name Michael P. Gaffron Title Asst. Planning & Zoning Administrator Administrator Reviewed:Agenda Section: Zoning Item Description: #2173 Bennett C. (Chuck) Downey / Gary Hegenes, 2675 Shady wood Road - Variance - Resolution Zoning District: LR-IB, Single Family Lakeshore Residential, 1 acre, sewered. Application: After-the-fact structure-to-structure setback variance for construction of gazebo by previous owner (proposed hardcover removals result in no need for a hardcover variance). List of Exhibits A - Resolution B - Notice of Planning Commission Action 9/19/96 C - Sketch of Proposed New Decks D - Memo and Exhibits of 9/12/96 Please review the memo and exhibits of September 12th. Briefly, Mr. Downey is selling this property to Gary Hegenes. This variance application was required in order to resolve a hardcover/setback issue created by the previous owner, Rolla Martin. When Mr. Downey bought the property in 1993 he was unaware that Mr. Martin had constructed the gazebo without a permit, placing it less than the required 10’ setback from the residence, and yielding hardcover in excess of the allowable 25%. This was brought to Mr. Hegenes' attention when he inquired about the property at the City offices prior to his purchase. Existing hardcover in 1996 is 8,205 s.f. or 29.5%. Mr. Hegenes has agreed to remove 1,488 s.f. of existing hardcover including rock and plastic adjacent to the garage, gravel parking area adjacent to the driveway, and rock and plastic near the driveway and fence area. He also proposes a slight reconfiguration of decks on the property, which results in an additional approximately 35 s.f. of hardcover. The decks do not need any setback or other variances, and the net hardcover result is a reduction to 24.3%, meeting the 25% limit in the 75-250’ zone. With the hardcover brought into compliance, the only outstanding issue is the 5’ setback between the garage and gazebo, where a 10’ setback is normally required. The gazebo is a screened-in structure, and is functionally tied into the surrounding house by a series of decks and retaining walls. The placement of the gazebo has no impact on the visual density of the neighborhood, and is an attractive amenity for this residence. It probably cannot be easily moved to meet the 10' setback, but any fire walls within the garage deemed necessary by the building inspector can certainly be accommodated.