Loading...
HomeMy WebLinkAbout02/21/1978 - Regular Minutes - Zoning Board of AdjustmentsMINUTES ZONING BOARD OF ADJUSTMENT February 21~ 1975 MEMBERS PRESENT: Chairman Sandra Runnels; Members John Hughey, Henry Hawley, Wes Harper, Janet Storts; Council Liaison Larry Ringer; Building Official Bill Koehler; City Attorney Neeley Lewis MEMBERS ABSENT: None Agenda Item No. 1 -- Approval of the minutes of the meeting of January 17~ 1975: Hughey moved that the minutes be approved as read. The motion was seconded by Storts and unanimously approved. Agenda Item No. 2 -- Briefing by the City Attorney: Lewis discussed the functions of a Board of Adjustments the scope of authority of the Board, the nature of the proceedings, the light in which courts might view their actions under appeal and the degree of discretion allowed Boards of Adjustment in various matters. Agenda Item No. 3 -- Consideration of a request for variance from Abe Cyrus at 1303 Au~ustine• Koehler explained that the applicant had requested separate consideration of the patio cover and the residential structure as both had been found to be too near the rear line. He pointed out that the house had been built in 1973, that Mr. Cyrus had bought from the first owner, and that inspection practices at the time of construction were not such as to detect such problems. He said tha±• +he patio cover had been built by the present owner and that no permit had been obtained. Mr. Abe Cyrus said that he was not aware of the problem with the principal structure and that it would not be possible to remedy it without demolition and total re-construction to a different plan. He said that he was unaware of the need for permit for the patio cover and unaware that there was any difference in regulation of a slab at grade and superstructure. Cpt. Joe McNabb said that he recognized the hardship involved in correcting the principal structure and would not advocate its removal. He said that the patio cover was built in June of 1977. He questioned its quality and compliance with restrictions and said that its prox~r~i.ty to his property was an infringement upon his property and objectionable to him. Mr. David Morris said that the cover did not appear to him to be objectionable and that he had no doubt as to its safety. Koehler said that, with one minor correction, the structure would be adequate for its purpose. Minutes~Page 2 Hughey moved to grant a variance for the continued existence of the main structure, not to include the patio cover, for the reason of the extreme hardship involved in removing it after it had been in existence and changed hands. The motion was seconded by Hawley and unanimously approved. Hughey remarked that the objection of the adjoiner to the patio cover was pertinent to the public interest in the case, and that while the Board had granted variance to similar structures in the past, it had not been to the expressed detriment of adjoining properties. Koehler said that, in his opinion, allegations of other non-permitted con- struction on the property had no bearing on the variance requested and should be taken up in separate actions or proceedings. Runnels moved that a variance be granted to allow the continued existence of the patio cover. The motion was seconded by Hughey and failed by the following note: For: None Against: Runnels, Hughey, Storts, Hawley, Harper. Agenda Item No. ~. -- Consideration of a request for variance from Timothy Keneipp at 203 Suffolk: Koehler explained that the request was to allow the extension of a carport which existed 15 feet from the edge of an alley and that the extension would result in a clearance of 11 feet. He said that Mr. Badgett and Mr. Gay, adjoining neighbors had examined the plans and said they had no objection. He said there would be no interference with utilities. Mr. Keneipp pointed out that, without the variance, the original structure would be lost and that he would have to remove several large trees. He said that most of the structures in the neighborhood had been built when garages were allowed much nearer the line than the proposed structure. Runnels moved that a variance be granted to allow the structure to be built as proposed in that the existing structure and irreplaceable trees would otherwise be lost and in that the proposal was not out of character with the existing neighborhood. The motion was seconded by Hughey and unanimously approved. Agenda Item No. 5 -- Other Business: The Board remarked that agenda information should be delivered by at least the Friday preceeding a Tuesday meeting. Agenda Item No. 6 -- Adiourn• There being no other business, the meeting was declared adjourned.