ZONING BOARD OF APPEALS

 Fire Department

February 26, 2008  5:30 PM

CALLED TO ORDER 5:30pm

PRESENT: Amy Zott, Bill Goulding, Edna Miller, Ron Patla, Bill Fell and Dan Snyder.
Absent: None.
Excused: None.

MOTION: The minutes of November 27, 2007 were approved on a motion by Edna Miller, seconded by Amy Zott, Dan Snyder abstained.

CITIZEN COMMENTS: None.

APPEAL: By Tim Licht and Janet Lapke regarding the property located at 249-251 Milwaukee Avenue for a variance from Section 315-21F(2) of the zoning ordinance, which states in part that lots shall have a minimum side yard of not less than eight feet on a side nor less than 20 feet total for both sides; Section 315-54C(6) which states in part that an accessory structure shall not be closer than three feet to any lot line: and Section 315-56 which states in part that street yards in no case shall be less than 15 feet. The owner is requesting a side yard variance for the primary structure of 4.7 feet for one side yard and total of 7.68 feet for both sides; side yard variances for the three existing accessory structures of 1.0 to 2.1 feet; and a front (or street) yard setback of the full I S feet.

Appearing in favor of the variance request was Tim Licht and Janet Lapke 249-251 Milwaukee Avenue, Burlington. No one appeared opposed to the variance request. In the absence of Zoning Administrator Pat Scherrer, it was assumed that the city was not opposed to granting the variance.

DISCUSSION: The applicants had been granted a change in zoning classification from B-2, Central Business District to Rd-2 Two-family Residence District providing they obtain a variance as to lot width and area. Variance to Section 315-21D of the zoning ordinance as pertaining to the same was granted on November 27th by the Zoning Board. They would like to use the building as a residential unit only as it is unsuitable for commercial use. It was noted that the original property as well as the seven adjoining lots were sub-standard in width and were primarily of residential use. To begin work on the structure, the afore mentioned variances are required as the building is now in a residential district.

RULING: This is an existing structure in poor condition and its renovation would be a benefit to the community. Therefore as to the primary structure, the foot print must remain as shown on the Certified Survey signed by Robert J. Wetzel: October 26 2007 and any additions limited to issues of accessibility. As to accessory structures their foot print must remain as shown on the afore mentioned survey and for any renovation beyond routine maintenance the structures must be brought into compliance. Finally the variance for the set-back was granted with the under standing that if the front part of the building is removed it can not be rebuilt.

MOTION: By Dan Snyder to grant variances from Sections 315-21 F (2), 315-54C (6), and 315-56 of the zoning ordinance, with a second by Edna Miller, was past unanimously.

ADJOURNMENT: On a motion by Dan Snv_ der, seconded by Bill Fell, the meeting was adjourned at 6:05 pm on Tuesday November 27. 2007

Respectfully Submitted,
Bill Goulding

 

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