HomeMy WebLinkAbout04/18/1978 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
ZONING BOARD OF ADJUSTMENT
April 1$, 197$
MEMBERS PRESENT: Chairman Sandra Runnels; Members Janet Storts,
John Hughey, Wes Harper; Council Liaison Larry Ringer;
Building Official Bill Koehler
MEMBERS ABSENT: -Henry Hawley
Agenda Item No. 1 -- Approval of the minutes of the meeting of March 21, 197$.
Hawley moved that the minutes be approved as read. The motion was seconded
by Ringer and unanimously approved.
Agenda Item No. 2 -- Consideration of a request for variance from Acme Glass Co.
Building Official Koehler explained that the owners proposed to add approxi-
mately 20 feet to the rear of their building and that the extension would be
within 1 foot of the rear property line adjacent to a 20 foot alley, that no
utility lines would be affected, and that the land across the alley was under
the same ownership.
Harper questioned whether or not the ownership could be depended upon to re-
main the same, what the effect would be on fire safety, and whether the alley
would continue to be maintained. Mr. Morehead replied that it would not be
possible to gurantee future ownership, but that the rear property would almost
certainly remain associated with the properties with street frontage. He ack-
nowledged that if afire occurred while a truck was unloading, the alley
would be blocked. He pointed out that there presently existed a slab and side
walls as a part of the original construction and that this proposal would add
a roof and end wall.
Koehler compared the resulting clearances with normal commercial setbacks in the
absence of alleys and with side setback clearances. He said that the City
maintains alleys which are in use for City purposes and said that the alley
dead-ends now and could at any time be physically closed by the property owner
at the end.
Runnels moved that the variance be granted because, due to the existing foundation
and walls, there would be little effect from the proposed closure, and that
fire safety would not be impaired beyond that found in like districts. The
motion was seconded by Hughey.
Harper remarked that he was concerned that the same arguement could be applied
to other nearby structures, that he could not be satisfied that fire access would
not be lessened from the existing conditions, and that the circumstance of
common ownership of abutting rear property was subject to change in the future.
The motion was approved by the following note:
For: Runnels, Hughey, Storts, Ringer
Against: Harper
Minutes ~ Page 2
Agenda Item No. 3 -- Consideration of a request for expansion of a
non-conforming use from James Watson.
Koehler said that he had been contacted by the owner of the property who
said that she had no knowledge of the leassee's plans. He said the appli-
cant had asked to have the board's consideration contingent upon the owner's
later approval or resolution of rights under the lease.
Runnels pointed out that the magnitude of the expansion exceeded the limits
placed on the Board by the ordinance. Mr. Watson agreed to modify his pro-
posal to L~00 square feet and to seek a zone change in order to add the rest.
Mrs. McGraw, an adjacent owner, questioned the adequacy of parking. The
applicant agreed that he could install ten off-street spaces which taould
exceed the ordinance requirements. The Board recommended that the City
Manager consider no on-street parking on the Welborn Road frontage of the
residential property to Southland Street.
Hughey moved, in consideration of the fact that the business had operated
continuously prior to and after the ordinance and that the Board could grant
no more, that permission be granted to expand by up to l~00 square feet on
the condition that ten off-street spaces be constructed simultaneously with
the expansion. The motion was seconded by Storts and unanimously approved.
Agenda Item No. !~ -- Other Business.
There was no other business.
Agenda Item No. 5 -- Adiourn.
There being no other business, the meeting was declared adjourned.