Laserfiche WebLink
BOARD OF ADJUSTMENT - Minutes <br /> October 25, 1979 <br /> Page 5 <br /> (11, #833. Motion by Purcell, second by Voges to grant a variance of 7 feet <br /> from required left side yard. <br /> FINDING OF FACT: <br /> 1. Existing residence was built prior to ordinance side yard provision <br /> 2. A fireplace or to-the-ground chimney would require the side yard <br /> variance in any location on the left side of the building. <br /> 3. Fireplace is intended to supplement the heating system for the <br /> residence. <br /> CONCLUSION: <br /> a. Proven case of unnecessary hardship. <br /> b. Variance is necessary to provide right enjoyed by others. <br /> c. Variance is not contrary to rights of others or to the public <br /> interest. <br /> Motion carried. <br /> #834. Motion by Voges, second by Schwahn to deny. <br /> FINDING OF FACT: <br /> 1. There is ample room on the property to re-design the addition to <br /> comply with locational requirements. <br /> 2. There are no topographic or other problems which would prevent a <br /> complying location. <br /> 3. Variance would permit residences to be very close which could be <br /> a hazard in the event of fire. <br /> CONCLUSION: <br /> Unnecessary hardship was not proven, variance would not be in the <br /> public interest. Motion carried. <br /> #835. Motion by Purcell, second by Schwahn to find in favor of the Zoning <br /> Administrator' s interpretation: <br /> FINDING OF FACT & CONCLUSION: <br /> Interpretation of Zoning Administrator provides: <br /> 1. A consistant method of measuring side yard which is applicable <br /> to all lots. <br /> 2. A consistant measurement of side yard from the side lot line re- <br /> gardless of the building angle in reference to the side lot line. <br /> 3. Protection against reduction of the required side yard by manipula- <br /> tion of building angle to the side lot line. <br /> Interpretation by H. Goldberg, Attorney for Jamestown Builders would permi : <br /> 1. Angle of building to side lot line to determine side yard measure- <br /> ment. This would (a. ) effectively remove minimum side yard deter- <br /> mination from zoning and place it at the discretion of builders, <br /> architects, etc. <br /> 2. Reduction of side yard dependent only upon angle of building to <br /> the side lot line which could result in a very small side yard area. <br /> Motion carried. <br /> Motion by Purcell, second by Schwahn to grant a variance of 8 inches from <br /> required left side yard: <br />