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HomeMy WebLinkAbout01/03/1978 - Regular Minutes - Zoning Board of AdjustmentsMINUTES ZONING BOARD OF ADJUSTMENT January 3 ~ 1975 MEMBERS PRESENT: Chairman Sandra Runnels; Members John Hughey Henry Hawley, Janet Storts; Council Liaison Larry Ringer; Building Official Bill Koehler MEMBERS ABSENT: None 1. Approval of the minutes of the meeting of November 22, 1977: Hughey moved that the minutes be approved. The motion was seconded by Hawley and unanimously approved. 2. Consideration of an anneal and reauest for variance from Ron Smestuen ~,Ritco, Inc.). Koehler explained that the request and appeal arose from a notification to owners of spectacular signs construc- ted after the ordinance regulating them. He reviewed the application for variance and pointed out that at the time the sign was constructed, the permit review process would not have discovered the discrepancy from the ordinance requirements. He said that the movement of the sign did not create a distraction to traffic. Mr. Smestuen explained that the design of the sign required movement, and that a new sign would be required in order to accomplish its purpose as a stationary sign. He cited the fact of intensive displays on adjoining property and that the sign in question serves to advertise the buildings separated by intervening frontage. He pointed out that the delay of en- forcement created hardship in that his opportunity to correct a violation unknown to him was lost some years ago. Hughey noted that the moving sign would be allowed if it was set further back and that he could find no detriment to the public interest. Runnels moved that a variance be granted to allow the sign to continue as a non-conforming use. The motion was seconded by Hughey and unani- mously approved. 3. Consideration of a request for variance from H. A. Luther: Koehler re?~.ewed the application and pointed out that the proposed carport addition would follow the same setbacks to which most of the structures in the neighborhood were built that there was no way of accomplishing the purpose observing the 72 foot se'bback~ and that there would be no interfer- ence with public utilities. Minutes~January 3, 1975 Zoning Board of Adjustment Page 2 Runnels moved that the variance be granted. The motion was seconded ' by Storts and unanimously approved. G. Consideration of a reauest for variance from Larry Landry Company: Koehler reviewed the application and his memorandum of December 29, 1977. He pointed out that the project was subject to approval of a conditional use permit which could proceed whether or not the Board granted a vari- ance. The Board discussed the unique circumstance of the proposed coimnon, that the alternative of re-platting, while only a minor hardship would be pointless and perhaps detrimental to the publlc interest by creating confusion in the public records and needless complexity of access main- tenance agreements. Hughey moved that a variance be granted to allow construction on the rear property line, without prejudice to the later consideration of the condi- tional use perm3.t, and provided that the instruments restricting use, ownership and~or conveyance of the common, satisfactory to the City Planner, be filed in the public record before any building permit is issued. 5. Other business: consider a ca; 6. Adiourn: adjourned. The Board agreed to meet on January 17, 1975 to