HomeMy WebLinkAboutRe: variance application . �
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TO: Michael P.� Gaffron, Asst. Planning & Zoning Administrator
FROM: Jeanne A. Mabusth, Building & Zoning Administrator
DATE: September 16 , 1992
� SUBJECT: #1755 I,eonard Niska, 2304 Shadywood Road - Chronology of
Events
6/26/92 Niska filed a variance app lication to reconstruct
detached garage located in street yard. Upon receipt
of survey dated 6/26/92, we discovered that major
portions of garage are located within City right-of-way
and in adjacent private property. Niska was unable to
revise plan for the July meeting because of out of town
business commitments.
8/15/92 Niska filed an amended proposa 1 and submitted a revised
site plan locating a detached accessory structure
within the street yard. Staff republished legal notice
as conditional use permit as property is a through lot.
Proposed Iocation of detached structure would require
multiple setback variances.
8/31/92+ The Building Staff noted the new accessory structure
had been installed on Niska's property. Mabusth
contacted Niska to advise him of the obvious violation
and the impact on his current land use application. In
addition, Niska was advised to submit a written
addendum that may provide some clarification as to his
action. The Building Staff was advised to issue a
citation. '
cc: Lyle Oman �/
ch
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§ �0 •0 /
shall approve a certificate of occupancy for a non-conforming use.
Failure to apply for such occupancy certificate will be prima facie
evidence that such non-conforming use was either illegal or did not
lawfully exist on January 1, 1985 .
Subd. 6. Building-'Permit. It is unlawful for any person
to hereafter erect or structurally alter a structure until a
building permit shall have been issued indicating that the existing
or proposed structure and the use of the land co mply with this
Zoning Chapter and all building codes. All applications for
building permits pertaining to the erection or major alterations
which will affect the outside dimensions of a structure, shall be
accompanied by three (3) copies of a site plan. If the site
consists of land not a part of a subdivision or land composed of
partial lots, the site plan shall be attached to a survey by a
registered land surveyor showing the actual dimensions of the lot,
lots or parcel to be built upon. The site plan shall also show
dimensions of existing and/or proposed structures to be erected or
structurally altered, their location on the site in relation to
outside boundary, the required off-street parking plan and such
other information as may be necessary to provide for the
enforcement of these regulations. Site plans submitted for all
uses except one and two family dwellings shall contain lighting and
landscape plans, and all site improvements are to be bonded at the
rate of 1-1/2 times their estimated cost.
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SEC. 10.08. VARIANCES.
Subd. 1. Variances: When Granted. The Council may grant
variances from the strict application of the provisions of the
Zoning Chapter and impose conditions and safeguards in the
variances so granted , in cases where there are practical
difficulties or particular hardships in the way of carrying out the
strict letter of the regulations of the Zoning Chapter and where
the variance does not adversely affect the purpose and intent of
the Zoning Chapter nor the health or welfare of the public.
Source: Municipal Code
Effective Date: 9-14-67
Subd. 2. Variances; Reference to the Board of Appeals
and Adjustments.
A. The Planning Commission is constituted as the
Board of Appeals and Adjustments. The decisions of the Board are
advisory to the Council. Before authorization of any variances,
the request therefor shall be referred to the Board of Appeals and
Adjustments for study concerning the effect of the proposed
variance upon the Comprehensive Municipal Plan and on the character
and development of the neighborhood; and for its recommendation to
the Council for the granting of such variance so as to relieve such
difficulties or hardship to the degree considered reasonable
ORONO CC 264 (4-1-84)
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named below committed the offense described
in vtolation of the seclion iodicated. '
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