04-02-1996
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Land Development and Regulatory Agency
REGULAR MEETING
Wednesday, AprilZ, 1996
6:30 p.m.
Chairman Masso called to order the regular meeting of the Land Development and Regulatory
Agency at 6:30 p.m., April 2, 1996 in the Community Center, 102 N. Riverside Drive.
ROLL CALL
Members present were Mr. Fazzone, Ms. Lichter, Mr. Moncure, Mr. Garthwaite, Ms. Agrusa,
Mr. Hildenbrand and Chairman Masso. Also present were Mark P. Karet; Director of
Community Development, Krista A. Storey, City Attorney, and Sondra M. Pengov, Board
Coordinator.
APPROVAL OF MINUTES
The minutes of February 29, 1996 were presented for approval. Mr. Fazzone moved to approve
the minutes as presented, seconded by Mr. Garthwaite. The Motion CARRIED 7-0.
NEW BUSINESS
Chairman Masso introduced the first item and opened the public hearing.
V A-O 196 - Ruth B. Allard. 807 Fernald Street - Ruth Allard, owner of property located at
807 Fernald Street requested a variance from the requirements of Section 602.04(d)(2) of the
zoning ordinance to allow an encroachment into the required setbacks on a nonconforming lot of
record.
Chairman Masso asked Mr. Karet to present staff's comments.
Mr. Karet said the applicant wishes to obtain a variance from the zoning ordinance to construct a
new building on a .18+ acre lot into the required corner yard and side yard setbacks. He said
Section 602.04(d)(2) establishes a 30 foot corner yard and a 10 foot interior side yard in the R-
2, Single-family Residential District. Mr. Karet said the lot is located at the northeast corner of
the intersection of Fernald and Garage Streets and is rectangular in shape and very narrow, 150
feet in length and only 51 + feet wide.
Mr. Karet explained the lot contains a nonconforming single-family residence and a
nonconforming garage. The house encroaches 6.2 feet into the interior side setback, 2 feet into
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the front setbacl< and 18.2 feet into the side corner setback. Mr. Karet also said the garage
encroaches 27.8 feet into the corner side setback. Mr. Karet indicated the applicant wishes to
demolish the existing house and garage and construct a new home. Mr. Karet said the proposed
location for the new structure is to be 10 feet 3 inches from the side corner property line and 5
feet from the interior side lot line. He also said the new structure will meet both the front and
rear setbacks.
Mr. Karet said the six criteria, required by Section 1101.02 has been met. Mr. Karet concluded
saying staff recommends the LD RA grant a 19 foot reduction in the corner side yard and a 5 foot
reduction in the interior side yard as set forth in Section 602.04(d)(2) under the condition that
the garage is removed from the properly. Mr. Karet said the variance will allow the applicant to
construct a home 35 feet in width. Mr. Karet pointed out that the applicant had requested a 36
foot width, but said a standard conforming lot, applying the setbacks would yield a 35 foot width.
He said that is why a 35 foot width was recommended.
Ms. Storey asked the Board if any members had viewed or discussed the subject property. Mr.
Fazzone and Mr. Garthwaite stated they had looked at the property.
There was discussion regarding the possibility of repositioning the house and notification of
surrounding neighbors.
Ms. Ruth Allard - 807 Femald Street, after introducing herself presented a letter from Mr.
and Mrs. Short saying they approved the request. Chairman Masso read the letter for the record.
Mr. Harold Caswell. 810 Femald Street. said several neighbors had been canvased and all
approved the variance request.
There being no additional discussion, Chairman Masso closed the public hearing.
Mr. Fazzone made a motion to approve the request for a 35 foot variance, based on staff's
findings that the six criteria had been met, seconded by Mr. Garthwaite. Motion CARRIED 7-0.
OLD BUSINESS
None at this time.
DISCUSSION ITEMS
Land Development and Regulatory Agency
Regular Meeting
April 2, 19963
Page - 2
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A. Community Director's Report
Mr. Karet thanked the Board for rescheduling the March meeting date to
accommodate his honeymoon.
B. Chairman's Report
Chairman Masso had nothing to report at this time.
C. Agency Members Report
Mr. Fazzone told the Board that Mr. Karet's wedding was very impressive and was
enjoyed very much.
Mr. Fazzone also commended Mr. Moncure on the article he put in the newspaper
pertaining to the City Attorney. Chairman Masso also concurred.
ADJOURNMENT
There being no additional business to come before the Board, a motion was made and approved
to adjourn. The meeting adjourned at 6:50 p.m.
Minutes respectfully submitted by:
Sondra M. Pengov, Board Coordinator
Land Development and Regulatory Agency
c: \Idra \minutes\4-2-96
Land Development and Regulatory Agency
Regular Meeting
April 2, 19963
Page - 3 -