89-078
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RESOLUTION NO. '78-89
A RESOLUTION DENYING APPLICATION
FOR VARIANCES - WILLIAM WAPLES
WHEREAS, William Waples (Applicant) has applied for variances for
the construction of a second story to his home located at 5685 Echo Road
in the City of Shorewood; and
WHEREAS, the existing structure of Applicant's home does not meet
the side yard setback requirements of the current zoning ordinance and,
therefore, constitutes a nonconfornting structure; and
WHEREAS, the Applicant proposes to construct the second story
directly over the existing structure, such that the proposed second story
would not meet the side yard setback requirements and would therefore
require a variance; and
WHEREAS, the proposed second story would also increase the
nonconformity of the existing nonconforming structure and would therefore
require a variance; and
WHEREAS, a Public Hearing was held and the application reviewed
by the Planning Commission on 15 August 1989, at which time the Planning
C omntission recommended denial of the variances; and
WHEREAS, a further review of the application was had 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 City staff; and
WHEREAS, the City Attorney was directed by the Council to prepare
a resolution setting forth findings and conclusions denying applicant's
application for the requested variances.
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-1C zoning
district which requires a side yard setback of /0 feet.
2. That the Applicant's existing structure encroaches
approximately 3.6 feet into the side yard setback area.
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3. That the second story, as proposed by Applicant, would
increase the living area of Applicant's home by approximately 1,144 square
feet but would encroach approximately 3.6 feet into the side yard setback
area and would increase the nonconformity of the existing structure.
4. That the Shorewood Zoning Ordinance provides for the
expansion of a lawful nonconforming residential unit provided that such
expansion does not increase the nonconforntity.
5. That the Applicant could construct a second story containing
approximately 1,067 square feet over the existing structure with a design
that would not increase the nonconforntity of the existing nonconfornting
structure by offsetting the second story 3. 6 feet from the north side of
the existing structure.
6. T hat the Applicant could also expand the existing structure
by constructing an addition to the south of the existing structure without
the need for variances.
CONCLUSIONS
1. That Applicant can construct a second story to his existing
nonconforming structure or add on to the existing structure without grant
of the requested variances.
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2. T hat the considerations for grant of the requested variances
are primarily aesthetic in nature.
3. That Applicant's property can be put to a reasonable use
under the conditions allowed by the Shorewood zoning ordinance.
4. That the Applicant has not met the requirement of "Undue
hardship", as provided by statute and Shorewood City Code, and the City
Council therefore denies Applicant's application for variances.
ADOPTED BY THE CITY COUNCIL of the City of Shorewood this
25th day of September, 1989.
ATTEST:
)\M--IL
(fH'm~or
Sandra L. Kennelly, City Clerk
Roll Call Vote:
A yes -
. Nays -