5.1 PCSR 10-25-1994 - Laserfiche WebLink

Home Browse Search

Planning Commission, Harley A. Marohn Page 4 October 25, 1994 • The last point addresses whether or not the variance will affect the health, safety, or welfare of the residents of the City. Mr. Marohn argues that the garage will not affect the health, safety, or welfare of the residents. Staff would agree that the garage will not affect the health, safety, or welfare of the residents, but would still like to minimize the effects as much as possible. Whenever a variance is requested, consideration must be given to whether or not precedence will be set by the actions taken. If a variance is granted from the City Code requirements, will this set precedence for future applicants? In relation to this particular request, findings can be substantiated that precedence will not be set by allowing the variance request. Staff is in favor of allowing the variance for the construction of a garage, but there are two items that staff addressed. The first item is the size of the garage. Is the applicant proposing to construct a garage that may be too large for the site and could a smaller garage be constructed without a variance. Staff is of the opinion that the proposed garage is not an unusual size for the lot. There is not a location on the lot where a garage could be constructed that would meet setback requirements and if the garage size just • meet the minimum standards it may become unusable and not serve a purpose for the property owner. The second point addresses whether or not there might be a location for the proposed garage that may not impede upon the setback area as much. Staff is of the opinion that if the garage were moved to the east approximately eight (8) to ten (10) feet, it will better minimize the setback and may not require the movement or loss of significant trees. Staff has discussed this with Mr. Marohn and he has confirmed that it may be possible to relocate the proposed garage. The movement of the garage, which the D.N.R. recommended, would still require a variance from the setback requirements, but it would minimize the the effects along the shoreland. Staff would not be in favor of approving a thirty (32) foot variance request for the garage. RECOMMENDATION It is recommended to approve a twenty-five (25) foot variance request from the shoreland setback requirements to construct a twenty (26) foot by thirty (30) foot garage based on the following findings: • marohn.troy