Serving Gogebic, Iron and Ontonagon Counties
Serving Gogebic, Iron and Ontonagon Counties
By TOM LAVENTURE
Hurley — The Hurley City Council on Tuesday approved a setback variance request that would allow construction of a non-conforming garage that is being planned by a city council member.
The 4-0 approval follows recommendations from the city assessor Daniel Soine and the city planning and zoning committee to approve a conditional use permit for a homeowner to construct a second garage at 610 Oak St. The variance was necessary to allow a setback leeway that places the garage 6 feet from the alley and forward of adjacent garages and homes.
Council members Joanne Bruneau, Jamey Francis, Stephanie Innes-Smith and Steven Lombardo were in favor of the variance. Council member Robert Lanctoe was not present and Thomas Conhartoski, who appeared by phone, abstained as the variance applicant.
City Attorney Ray O’Dea told the city council it has the assessor and planning commission recommendations to consider in its decision but is not bound by them to approve or deny the request.
“Ultimately that decision is up to you,” O’Dea said to the board.
The ordinance outlines the criteria with which the city council can make a determination about whether a variance is appropriate or not, as a unique property, he said.
Conhartoski said by phone the plans were approved for recommendation at all points of the process thus far and that the city council should consider that similar non-conforming structures exist in the city without causing the issues that opponents claim his garage would present.
“This variance is not out of the ordinary,” Conhartoski said.
Mike and Deborah Swartz, neighbors of Conhartoski, were present at the meeting to oppose the variance request. They asked the council to enforce the city’s zoning code by not approving a variance that allows a structure to be forward of their home.
This second garage would be placed 30 feet forward of the neighboring Swartz residence, Deborah Swartz said. It would also be 30 feet from the Conhartoski residence.
“Mr. Conhartoski’s proposal places his garage forward of our home and would obviously stick out and overtake the frontage view of our home,” Deborah Swartz said in her comments to the city council. “This would absolutely deface and devalue our home as well as obscure or obstruct our view exiting from our driveway.”
Conhartoski said the opposition amounted to people “dictating” what someone could legally do with their property.
“The only issue is the setback,” Conhartoski said of the variance request.
The structure complies with the city ordinance that a garage not take up more than 20% of the back yard, he said. The variance was recommended because there is still a 6-foot setback from the alley.
After several minutes of discussion on the potential impact of the garage, Mayor Jay Aijala said the city council agenda item was about considering the variance request alone.
In other business, the council approved:
—A $3,340 low bid to Ziebell Door Company to replace the city garage door.
—Rescheduling the Tuesday, Aug. 11, regular meeting to Wednesday, Aug. 12, to avoid conflict with the Wisconsin partisan primary election day.
—A class B beer and liquor license to Harley’s in Hurley.
—A combination class B beer and liquor license to Smojo, Inc.
—Waiving the license renewal fee for Smojo, Inc., which had paid in a previous application.
—A combination class B beer and liquor license to Copper Street Pub.
—A combination class B beer and liquor license to Krash Inn.
—26 bartender licences.
