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August 25, 2009 Board of Appeals - Kafka Variance
MEETING OF THE APPEALS COMMITTEE
AUGUST 25, 2009 AT 7:00 P.M.
KEN & LEAH KAKFA - VARIANCE REQUEST
A special meeting of the Appeal Committee was called to order by Marc Schultz on August 25, 2009 at 7:00 p.m. to address a request for a variance from Ken and Leah Kafka of 5072 County Highway R to construct a 14’9” x 20’ foot addition to the side of their home. Members present: Orlane Moore, Marc Schultz, Chairman, John Champeau, Dan Ullman and Jim Wavrunek.
Mr. Kafka addressed the Appeals Board as they are seeking to construct a two story addition to the north side of their home as a home office/second story would be an addition to the master bedroom. The home was built 10 years ago, and they were limited to where the home could be built at that time because of the backside of the ravine, per DNR requirements. The north side is the only feasible location the addition could be constructed due to the topography of the land and for appearances. The southwest corner currently is the garage and septic lines.
Dan Ullman inquires if he spoke to the neighbors of about this variance? Mr. Kafka states he did and Lee and Loretta Dorner signed a statement and are not opposed to the variance. Jim and Joann Kozlowsky are aware of the request, but they do not have neighboring property. Marc Schultz clarifies to the Committee and Mr. Kafka that having a signed statement from the neighboring property owner(s) is not a requirement and is not relevant. Properties are sold and new owners may be adverse to the variance. Jim Warvunek questions which direction the driveways comes in.
Ken states if the size of the addition is in question, 2 ft of interior space will be lost due to the existing fireplace that must be walled off, making it 18 ft. If the Bd would consider granting even a 10 inch variance, they could decrease the size to 18 ft. Addition is 20 ft out to the side of the house and 14’9” for the length. Only a portion of the corner falls into the setback – approximately 7 ft. If addition was turned 90 degrees, able to accomplish due to irregular lot, heavily wooded and well, electrical, mound system.
Marc Schultz explains it is the Committees responsibility to hold by the imposed setbacks and not to deviate from the standards. The objective of a resident is to comply with the ordinance and explore alternative options. If all alternatives have been exhausted, a variance can be requested upon the showing of undue hardship to the Appeals Committee. They are prohibited from granting a variance for the sake of convenience.
Mr. Kafka states obviously the cost per sq foot will increase should the size be reduce. Marc inquires if they experimented with floor plan options. Jim Wavrunek inquires as when the property was surveyed as some property lines that that run east/west fall actually more to the south. Home was built in 1998 and they did have Steve Zeitler come out to locate the pins, restaked it and measured how far they could go back – to the well and property lines. Pretty confident they have the current lot lines.
Marc Schultz inquires if a slightly smaller room represents a genuine hardship. Dan Ullman inquires if the construction is based off the roofline or wall? If they moved the addition up to the front, it would come out past the front of the house and it creates more problems with the roofline with the second story addition.
Gary Moore inquires as to the zoning of the property. This area is more suited for Residential-1 zoning due to the volume of homes, lot size, etc. Have originally been zoned this, but no record on file as it was never recorded. Side setback would then be 10 ft and this would not be an issue. Number of homes in the area would dictate what is suitable for R-1 zoning. In order to qualify for these standards, Mr. Kafka would have to Petition the Plan Commission for re-zoning change and proceed in that manner, but it would affect neighboring property also. Mr. Kafka not inclined to pursue this route.
John Champeau inquires of employment and if it would need to be zoned business for a home office. Mr. Kafka is employed through an individual company, it is not his own business.
Marc Schultz states for all practical purposes, the property is zoned AG-R. Again, inquiry if Mr. Kafka would accept alternative sq. footage. Mr. Kafka states to go smaller, they would seriously have weigh the new addition, from a cost perspective as it would cost as much or more, resale value and whether it would be worth it them. Marc Schultz believes there is no other alternative location for the addition, but still questions the size.
Dan Ullman inquires if he attempted to purchase additional property from neighbor. They did inquire, but they did not want to sell 3 ft.
Marc Schultz believes it is a personal decision as to the size of the room. 20 ft vs. 17’ 2”
Vote of Committee: Motion by Dan Ullman and seconded by John Champeau to deny variance request due to the option to stay within the 25 foot setback. All in favor, 5 ayes, opposed: None. MC
Motion by Orlane Moore and seconded by John Champeau to adjourn at 7:55 p.m. MC
Archive:
August 31, 2010 Special Town Board Meeting Minutes
August 17, 2010 Plan Commission Meeting Minutes
July 20, 2010 Plan Commission Meeting Minutes
July 12, 2010 Regular Monthly Meeting for July
June 15, 2010 Plan Commission Meeting Minutes
June 14, 2010 Regular Monthly Meeting for June
May 18, 2010 Special Town Bd Meeting - Garbage/Recycling contract
May 4, 2010 Regular Monthly Meeting
April 20, 2010 Plan Commission - Zoning Code Updates
April 13, 2010 Draft - 2010 Annual Meeting Minutes