89-079
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.
.
RESOLUTION NO. 79-89
A RESOLUTION DENYING A SETBACK VARIANCE TO
ST ANLEY THEIS
WHEREAS, Stanley Theis and Delores Theis (Applicants) desire to
construct a deck and screen porch at the southeast side of their home
located at 21055 Forest Drive in the City of Shorewood; and
WHEREAS, the locations of the proposed deck and porch do not
comply with the setback requirements of the Shorewood Zoning Code, and
Applicants have therefore made application for a variance; and
WHEREAS, a public hearing was held and the application reviewed
by the Planning Commission on 5 September 1989, and, after deliberation,
the Planning Commission prepared a recommendation to the City Council; and
WHEREAS, Applicants appeared before the City Council at their
regular meeting held on 11 September 1989, at which time the Planning
Commission recommendations were reviewed and testimony was received from
the Applicants and the City staff; and
WHEREAS, the City Attorney was directed by the Council to prepare
a resolution setting forth Findings and Conclusions denying Applicants'
application for the requested variance.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Shorewood as follows:
FINDINGS OF FACT
1. That the subject property is located in an R-1D zoning
district which requires a setback of 30 feet on a side yard abutting a
street.
2. That the Applicants' existing structure to which the deck and
porch would be attached encroaches approximately 16.2 feet into the side
yard setback area.
3. T hat the deck (288 square feet) and screen porch (144 square
feet) would encroach approximately 28 feet into the side yard setback if
constructed at the southeast side of the existing structure as proposed.
4. That the Applicants could construct a similar deck and screen
porch approximately the same n umber of square feet with a design that
would require only a 3 foot side yard and 3 foot front yard variance by
locating the deck and porch at the northwest side of the existing
structure.
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5. T hat one alternative location of the deck and porch would
require the basement access to be relocated, at possible additional cost
to Applicants, or would require the deck to be redesigned to allow the
access to remain in its present location.
CONCLUSIONS
1. That Applicants can construct a deck and screen porch
addition to their home at an alternative location which would
substantially reduce the magnitude of the variance required.
2. T hat the considerations for grant of the requested variance
are primarily economic in nature.
3. That the variance requested constitutes a substantial
deviation from the City zoning code.
4. That Applicants' property can be put to a reasonable use
without the grant of a variance of the magnitude requested by Applicants.
5. That the Applicants have not met the requirement of "Undue
hardship", as provided by Statutes and the Shorewood Code, and the City
Council therefore denies Applicants' application for the requested
variance.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this
25th day of September, 1989.
ATTEST:
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Sandra L. Kennelly, City Clerk
Roll Call Vote:
A yes -
Nays -