HomeMy WebLinkAbout12/05/1978 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
ZONING BOARD OF ADJUSTMENT
December 5, 197$
MEMBERS PRESENT: Chairman Hughey, Members DuBois, Hawley,
Jones, Ringer (Council Liaison)
STAFF PRESENT: Building Official Koehler, City Planner
Mayo, Asst. Planner Longley
Agenda Item No. 1 - Approval of the minutes of the meeting of
November 21, 197$:
Hawley moved that the minutes be approved as presented. The motion
was seconded by Jones and unanimously approved.
Agenda Item No. 2 - Reconsideration of a request for variance from
A~encV Records Control:
Koehler referred to the minut®s•of the previous meeting and added
that there had been a question concerning notification of the
applicant.
Dr. McMath said that he had not received notification. He presented
a site plan and said that he had added 34 spaces since the studies re-
ferred to be the Planning Department. He said that he now normally has
25 empty spaces during. the busiest shift of 170 to 200 employees. He
pointed out that the building under construction is to house employees who
are already working in the existing buildi ng.
Jones asked if spaces could not be required at such time as changing
use dictated their need. Mayo pointed out that changing occupancy could
increase need to ordinance requirements and that the City would have no
means of requiring their addition at that time. He pointed out that an
adjoining property was being proposed for office use in addition to the
residential development on another adjoining tract.
Hawley asked what ratio of parking spaces to employees the applicant
would propose, and what would the applicant cite as unique and special
circumstances justifying variance.
McMath said that he would consider 0.$ spaces per employee adequate and
that the spaces would normally be added in increments of about 35.
Mr. Payne, representing ARC, pointed out differences between their business
and others listed in the ordinance with the same parking requirements. He
said that the excess unused land available on the site was also a consideration.
Minutes~Page 2
Hughey expressed reservations about "unique and special conditions of the
land...." within the meaning of the ordinance. Hawley remarked that the
Board existed to determine a common sense approach to the letter of the
ordinance within the public interest, and suggested establishing for this
operation a ratio of spaces per employee and providing for a review after one
year of actual use.
The Chair moved that, whereas Agency Records Control had added 35 spaces
unknown to the Board in their last consideration, a variance be granted
to require no more additional spaces because special conditions of the
land and its use would result in unecessary hardship resulting from un-
ecessary spaces and no detriment to the public interest appears because
existing use does not indicate as severe a need as the ordinance requires;
provided that within one year of the issuance of the Certificate of
Occupancy for the proposed new building, the Planner's office will review
the use of the parking areas and if, in their opinion, additional spaces
are required, the Board would hear any appeal of the number of spaces thus
determined and required. The motion was seconded by Jones and was approved
by the following note:
FOR: Jones, Hawley, DuBois, Ringer
AGAINST: Hughey
Agenda Item No. 3 - Consideration of a request to reconstruct a non-
conformin~ structure from J. C. Culpepper:
Koehler explained that the proposal was to repair wind damage by internal
structural modification and was thus beyond what he could authorize as
"ordinary minor repairs" without a building permit. He introduced his
memorandum detailing the nature of the non-conformity.
Mr. Culpepper said that, in the absence of the permission requested, his options
would be to reconstruct to the newly imposed standards, or more likely,
to reconstruct with the same materials and design used previously. He said
that his proposal would avoid the potential of future wind damage.
The Chair moved that the Board consider the case in light of Section 11-B.3 (a)
and approve the request as the substitution of one non-conforming use for
another, the extent of the substituted use being less detrimental to the
environment than the first. The motion was seconded by Hawley and unanimously
approved.
Agenda Item No. ~. - Adiourn:
There being no other business the meeting was declared adjourned.
•