HomeMy WebLinkAbout01/18/1977 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
Zoning Board of Adjustment
January 18, 1977
MEMBERS PRESENT: Chairman Weiss, Members Runnels,
Comstock, Storts; Council Liaison
Ringer; Building Official Koehler
MEMBERS ABSENT: Hughey
1. Approval of the minutes of the meeting of December 1.L,., 1976.
Storts moved that the minutes be approved. The motion was
seconded by Comstock and unanimously approved.
2. Consideration of a request for variance from Mr. David Basco
at 1203 Pershing. Koehler explained the nature of the request and stated
that, in his opinion, the structures in the neighborhood observed a
25 foot rear setback and that there were no unique conditions of the land.
Mr. Basco cited detached structures at 1101 and 1103 Pershing and at
1201 Coode which infringed on a 25 foot setback and whether or not they
were structures by definition, they had the effect of being structures
thus creating an unusual situation of the land with respect to adjoining
actual uses.
Weiss reviewed the requirements for the granting of a variance.
Comstock observed that the Board could not grant a variance unless
unusual conditions of the land could be shown and that he could
see no such conditions.
Weiss moved that the variance be granted. The motion was seconded
by Runnels and failed by the following note:
For: None
Against: Weiss, Runnels, Comstock, Storts
3. Consideration of an appeal from Tom Chaney at L,.OI,. Fairview. Koehler
explained that he had refused to issue a permit for the addition
of a bedroom suite which contained cooking facilities separate from
the existing kitchen in a single family residence on the grounds that
the separate facilities would create a duplex as defined by the
Building Department Policy.
Nh~. Chaney said that the addition was to be used by members
of the imediate family, that entrance to the area could be
gained only from the main part of the house and that strict
application of existing policy could exclude such common uses
as a "wet bar" or convenience center in a recreation room or
den. He suggested that policy should be modified so as to make enforcement
contingent upon violation by actual occupancy rather than structural
characteristics in cases where it would be possible to occupy the
structure without violating the Zoning Ordinance.
Weiss observed that the structure could be occupied as a duplex
without any modification but that a duplex was not specifically
defined in the ordinance.
Weiss moved that the permit be granted, that the Certificate
of Occupancy limit the occupancy of the entire structure to
members of one imediate family only, that the Building Official
ask for an amendment to the Zoning Ordinance to define a duplex,
and in the interim that any similar cases be referred to the Board.
The motion was seconded by Runnels and unanimously approved.
L,.. Consideration of a procedure for setting meeting dates.
Koehler suggested that the Board establish the third Tuesday
of each month as a regular meeting date subject to cancellation
for lack of business or lack of quorum and not requiring a call
by the Chairman.
With the consent of the Board, the Chairman declared that the
third Tuesday of each month would be the ,regular meeting date.
5. Other Business. Koehler stated that the City attorney had deter-
mined that beginning work without a building permit was an offense
subject to the penalty provisions of the ordinance and did not require
a change in the ordinance.
6. Runnels moved that the meeting be adjourned. The motion was seconded
by Comstock and unanimously approved.