May 20, 2008
The meeting of the Board of Zoning Appeals (BZA) was called to order by President Laporte at 6:05 PM at Barton Hills Country Club.
ROLL CALL Present: Trustees Al-Awar, Butterwick, Laporte, Lindstrom, MacKrell and Wilkes. Absent: Trustees Boddie, Bogat and Langford.
Others attending: ZPA Perry.
APPROVAL OF MINUTES Mr. Lindstrom moved that the minutes of the March 10, 2008 Board of Zoning Appeals meeting be approved as printed. Mr. Wilkes seconded; the motion carried.
APPLICATION FOR VARIANCE 460 Hillspur Road
Application for a variance was submitted by Frank Legacki, 460 Hillspur Road, to construct an addition to the side of his existing garage that would encroach into the side set back. ZPA Perry was asked for his comments on the application. He replied that since he and his wife had made a purchase offer on the house next door (430 Hillspur Road) he was reluctant to enter into the discussion; however they had no objection to the variance request. Mrs. Esch noted that two written replies were received from neighbors at 465 and 500 Hillspur Road, both indicating no objections. Board discussion included:
–In a previous variance request for a different property the neighbor was not in support but didn’t make a very strong statement and the variance was granted. It’s difficult for residents to speak against neighbors.
–The application as presented seems to indicate that the issue is the small size of the garage and lack of room for the trash cans. A portion of the garage is already in the side set back. There seem to be other possible solutions to this problem than further encroachment into the set back.
–Perhaps trading sides of the garage for parking would help. Also, are there reasons why space for the trash cans couldn’t be added to the back of the garage, or a separate outbuilding provided for them?
–Is the existing outbuilding on the applicant’s property or does it belong to the neighbor? Perhaps that could be used for trash cans.
–The photos indicate an air conditioning unit outside the garage. Will that be pushed even farther into the set back as well?
–It’s unfortunate that Mr. Legacki is not present to address the questions raised by the Board.
–The standard of practical difficulty doesn’t seem to be very well supported in this case. It looks like there are other options that could address the issue without further violation of the set back.
Public Hearing President Laporte convened the public hearing at 6:13 PM concerning the application from Frank Legacki, 460 Hillspur Road, to construct an addition to his garage in the side set back. There being no members of the public present to comment, the hearing was closed at 6:14 PM.
Motion Mr. Al-Awar moved that the application for variance to construct an addition to the garage within the side set back submitted by Frank Legacki, 460 Hillspur Road, be approved. Mr. Wilkes seconded. The motion failed by unanimous vote based on the determination of the Board of Zoning Appeals that the standard of practical difficulty required for granting a variance was not adequately met by this application. The Board felt there were other possible options to address the concerns presented by the applicant that would not encroach on the set back.
NEW BUSINESS None.
Mrs. MacKrell moved the meeting be adjourned at 6:16 PM. Mr. Wilkes seconded; the motion carried.
Janice K. Esch, Deputy Clerk