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HomeMy WebLinkAboutStaff Report_Page_04ZBA MINUTES 8-20-85 determine if unique and special conditions are still being met, because conditions could change so much that the requirements to grant, a variance are no longer met. Mr. Wagner said that this variance would not be adding to the non -conformity of the existing shopping center, therefore he made a motion to amend the original motion to show that the variance is being granted to Gary Martin for the operation of The Igloo. Mr. McGuirk seconded the motion to amend. Votes were cast on the motion to amend and carried by a vote of 4-1 (Meyer against). Mr. Wagner then offered another motion to amend the amended motion to show that the variance is being granted for the purpose of the required indoor seating only. Mrs. Meyer seconded that motion to amend. Votes were cast and the chairman ruled that the second amendment failed because the voting was 3-2 for (McGuirk & Swoboda against) and he explained that a variance required a 4-1 vote to pass. Votes were cast on the original motion as amended to state a variance is granted to Gary Martin for the operation of The Igloo. The amended motion carried by a vote of 4-0-1 (Upham abstained). Mrs. Kee asked if approval of a motion to amend a motion needed 4 votes in favor to pass and City Attorney Locke replied that only a simple majority was required to pass a motion to amend a motion. She then instructed the Board to bring the item back up on the floor adding that someone who voted against the motion should do this. Mr. Upham revised his vote from an abstention to a negative vote, and then moved to bring the item back to the floor. Mrs. Meyer seconded the motion which carried unanimously. Mr. McGuirk then read the motion as amended: "I move to authorize a variance to the parking requirements (Section 7) from the terms of this ordinance as it will not be contrary to the public interest, due to the following unique and special conditions of the land not normally found in like districts: (1)The leased land contains no parking spaces at -all and (2)Adjacent parking is available, and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this applicant being the requestor would be unable to utilize the property, and such that the spirit of this ordinance shall be observed and substantial justice done, subject to the following limitations: (1)That the variance be restricted to 4 parking spaces, that cross parking agreements can be obtained from local merchants, that the variance be granted to Gary Martin for the operation of The Igloo and that the variance be granted for indoor seating only. Votes were cast on this motion as amended and carried unanimously (5-0). AGENDA ITEM NO. 7: Consideration of a request for variance to Section 7 Ordinance 850, the parking regulations, for 12 parking spaces to allow 36 additional seats at the Universal Grocery at 110 Nagle. Applicant is Nelson Liu. Mrs. Kee explained the request, located the land and stated the reason this request for variance is before this Board is that the Fire Department notified the Zoning Official that additional seats had been added in this grocery store/snack shop. She then referred to the letter which had been sent to the attorney for Mr. Liu indicating how many seats would be allowed with available parking, or the steps to be taken should Mr. Liu want to keep the existing seats in his store. Ed Elmore, legal representative for the applicant was sworn in and clarified the background of this grocery store/snack shop. He passed around photos Laken at this business and of the parking area (photos in file), explained existing area uses, 7