89-072
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RESOLUTION NO. 72-89
A RESOLUTION DENYING SIEGFRIED WEISSNER'S APPLICATION
FOR VARIANCES
WHEREAS, Siegfried Weissner (Applicant) has applied for variances
for the construction of a second story to his home located at 26780
Smithtown Road in the City of Shorewood; and
WH ERE AS, the existing structure does not meet the front yard
setback requirements of the current zoning ordinance and, therefore,
constitutes a nonconforming 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 front-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
Commission recommended denial of the variances; and
WH ERE AS, a further review of the application was had before the
City Council at their regular meeting held on 28 August 1989, at which
time the Planning Commission recommendations were reviewed and testimony
was received from the Applicant, through his attorney, and 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-1A zoning
district which requires a front-yard setback of 50 feet.
2. That the Applicant's existing structure encroaches
approximately 12 feet into the front-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 1,439 square
feet but would encroach approximately 12 feet into the front-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 nonconformity.
5. That the Applicant could construct a second story containing
approximately 1,200 square feet over the existing structure with a design
that would not increase the nonconformity of the existing nonconforming
structure.
6. That the Applicant could also expand the existing structure
by constructing an addition to the rear of the existing structure without
the need for variances.
CONCLUSIONS
1. T hat A pplicant can construct a second story to his existing
nonconforming structure or add on to the rear of his existing structure
without grant of the requested variances.
2. T hat the considerations for grant of the requested variances
are primarily economic 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", and the City Council of the City of Shorewood therefore denies
Applicant's application for the requested variances.
ADOPTED BY THE CITY COUNCIL of the
11th day of September, 1989.
City of Shorewood this
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ATTEST:
Sandra L. Kennelly, City Clerk
Roll Call Vote:
Ayes -
Nays -