Village of River Hills
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Board of Appeals Meeting Minutes 02/29/2016

1. Roll Call: was answered by Chairman Steven Spector and Members David Melnick and Rosalie Gellman. Chairman Spector confirmed that a quorum had been met. Also present were Village Manager Chris Lear, property owners Christopher and Anne Noyes. Also present, contractor Jeff Hershberger, of David J. Frank Landscape Contracting Inc.

2. The Agenda: The notice and agenda were approved as published and posted.

3. The appeal of Christopher and Anne Noyes, 8216 N. Green Bay Road regarding the Building Inspector’s denial of a building permit application for construction of a masonry seat wall because the structure would be closer than 75 feet from the side yard setback in violation of Section 7.030 of the Village of River Hills Ordinances

Jeff Hershberger stated given the orientation of the Noye’s home and how it is located on the lot, they wish to request a variance of set-back requirements for an outdoor patio area which includes masonry seat walls and columns, fire pit, grill station and low voltage LED lighting for the property. A hardship exists because of the close proximity of the rear of the house to the west property line and the slope of the bank of the Milwaukee River to the north. This is the only place to locate such masonry landscape improvements.

Melnick stated he feels this appeal meets the intent of the zoning, there are exceptional circumstances in this case due to the pre-existing location of the home on the lot, there is a hardship created here if the Noyes are not allowed to build normal patio improvements to the rear of their house and there is an absence of detriment to the neighboring home, given the considerable distance from the lot line.

Lear stated there have been no objections from any homeowners located adjacent to the property.

Motion by Melnick/Gellman to approve a 5 foot set-back from the west property line for the proposed garage. Motion carried unanimously.

4. ADJOURN Motion by Melnick/Gellman to adjourn the meeting at 4:32 p.m. Motion carried unanimously.