Archive for Wednesday, November 4, 1992

DEVELOPER TO SEEK VARIANCE AGAIN

November 4, 1992

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Local developer Mike Stultz can show a clean slate Thursday when he asks for an exception to city zoning rules.

A recent mixup between Stultz and his contractor produced a sunroom addition to the Graystone Athletic Club that encroached on an area restricted by zoning laws.

Stultz planned to ask in October for an after-the-fact exemption from zoning rules from the city's board of zoning appeals. Then he asked to postpone his request.

Soon after, he tore it down.

"I just wanted to do what was correct," he said at the time. "I had made a mistake there, building there without a variance, and I just thought I would remove it."

With the addition subtracted, Stultz again plans to present his case to the board for the exemption, or variance.

The Board of Zoning Appeals will hear Stultz's request at its meeting Thursday, which will begin at 7 p.m. in the city commission meeting room at city hall, Sixth and Maasachusetts.

A CONTRACTOR hired by Stultz built a sunroom in late summer over a patio on the south side of Graystone Athletic Club, 2512 W. Sixth.

However, the addition extended into the front setback area of the property, defined as 25 feet from a front property line.

City laws say you cannot build a walled structure in the setback area without first obtaining permission from the zoning board.

The board granted Stultz a variance for the project in 1989. The Lawrence city commission approved a site plan for the project later that year. However, Stultz didn't build at that time, and the variance and the site plan expired.

Plans for the sunroom cropped up again this summer. Stultz has said that he and his contractor got their wires crossed on the timing of the project. The contractor built the project without a valid variance or site plan.

The board was scheduled Oct. 1 to consider Stultz's request to grant a new variance to reduce the front yard setback from 25 feet to 12 feet to accommodate the unapproved addition.

Stultz asked the board to defer the issue for a month after he learned he would be out of town during the meeting. He soon razed the addition.

David Guntert, city planner, said he thought Stultz had a better shot at the variance without the sunroom still standing.

"IT'S THE same request now that they (the board) considered three years ago," Guntert said. "The conditions are the same as they were back then."

Reached this morning, Stultz said he also thought he had a better chance at the variance without the addition, but declined to comment further.

Stultz's request is the first item on Thursday night's agenda, which also will include:

A request to eliminate the requirement for providing off-street parking for a commercial property at 10 E. Ninth St.

A request to reduce the minimum backyard setback requirement of a residence at 1101 Tenn. from 20 feet to 8 feet to allow for construction of a garage addition to the house.

A request to reduce the exterior yard setback requirement of College Hill Condominiums, 927 Emery Rd., from 25 feet to a minimum of 14 feet to allow the construction of an exit stairway for one of the two condominium buildings.

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