Variance Application APP2004-00822, Paula Dyer The applicant seeks a ten-foot variance from the front yard setback to construct a sunroom addition. The property is located at 12 Scandia Way. An Affidavit of Posting was submitted into the record as Exhibit 1. Paula Dyer, applicant, presented her request. She stated that she is proposing to have a sunroom constructed on the right side of her house. She stated that her lot is located on a cul-de-sac and is a five-sided lot, which is wider than it is deep. It is a through lot that fronts on an unimproved street. The property is further complicated by the odd placement of the house that was meant to preserve as many trees as possible at the time that the property was originally developed. Ms. Dyer also pointed out that the back corner of her house already encroaches into the setback. This condition was permitted for the original placement of the house. She stated that the proposed encroachment is upon an unimproved portion of Monroe Street. She said that there are no plans to improve this section of the street in the future. Ms. Dyer stated that New Mark Commons HOA has approved her proposal. She noted that the skewed position of the lot is the main reason why a variance is requested. In response to Mr. Deitchman, Ms. Dyer confirmed that only a small corner of the proposed sunroom encroaches into the setback. Ms. Dyer explained that the reason why she chose the right side of her house for a sunroom is that the left side contains a laundry room and a den that used to be a garage, and that would not be the most pleasant space in her home to enjoy a sunroom. The Board discussed the unimproved portion of Monroe Street. There being no one else to speak for or against the variance application, the Chair declared the public hearing closed.
Variance Application APP2004-00823, Robert and Elizabeth McGuire The applicant seeks a four-foot variance from the site yard setback requirement to construct a second story addition at 121 South Van Buren Street. An Affidavit of Posting was submitted into the record as Exhibit 1. Bob McGuire presented his request. They are proposing to add a second story directly above the existing structure. He said their house was built in 1956 in conformance with the requirements that existed at that time. Mr. McGuire stated that they purchased the house in 1989 from its original owner. He said that they believe that the variance would not contrary to the public interest because it does not expand the existing footprint of the house. They believe the second story would enhance the streetscape of the properties where there are primarily two-story home that already exist. They have tried to design the addition to be architecturally compatible with the existing properties. Mr. McGuire stated that they have spoken to each of the most affected neighbors on either side of them and they have expressed no objections to the proposal. He said that their request is not a result of any action taken by them. They have not done anything to that side of the house to date. Robin Talbott, 122 S. Van Buren Street, asked the Board whether Mr. McGuire has a right to proceed with a second story addition no matter what. Mr. Deitchman replied “yes”. The following citizens testified: 1. Jacque Gelin, 105 S. Van Buren, testified that he was in favor of the proposal. The second story would improve the house. 2. Robin Talbott, 122 S. Van Buren, testified that she lives directly across from the subject property. Ms. Talbott commented that the building of the addition would directly affect them due to the debris and trucks on the street during construction. Mr. Deitchman stated that the City’s Code Enforcement who will routinely inspect the property under construction. Ms. McGuire apologized to Mrs. Talbott for not contacting her directly because he found out about the requirement for the variance rather late in the process and there have been many errors made along the way. He said they did leave written notification to every property owner on the street. He also apologized in advance for any of the disruption that might be caused. He said left his email and main address of where they will be staying temporarily if they needed to be contacted. Ms. Talbott confirmed that they did receive Mr. McGuire’s notification about the same time they received notification from the City about the variance. There being no one else to speak for or against the variance application, the Chair declared the public hearing closed. DECISIONS Variance Application APP2004-00822, Paula Dyer Mr. Schwartzman moved, seconded by Mr. Sternstein to approve Variance Application APP2004-00822, Paula Dyer per staff recommendations. The motion passed unanimously. Variance Application APP2004-00823, Robert and Elizabeth McGuire Mr. Sternstein moved, seconded by Mr. Schwartzman to approve Variance Application APP2004-00823, Robert and Elizabeth McGuire per staff recommendations. The motion passed unanimously. ADJOURN There being no further business to come before the Board, the Chair adjourned the meeting at 10:00 a.m. NOTE: Should further details of this hearing be required, a tape recording of the meeting is available. The Planning Division maintains a tape of the meeting for a period not less than one year from the date of each meeting. | 
