HomeMy WebLinkAbout01/16/1979 - Regular Minutes - Zoning Board of AdjustmentsMINUTES
ZONING BOARD OF ADJUSTMENT
January 16, 1979
MEMBERS PRESENT: Chairman Hughey; Members DuBois, Harper, Jones;
Council Liaison Ringer.
STAFF PRESENT: Building Official Koehler, City Planner Mayo,
Community Development Director Calloway.
Agenda Item Number l -- Approval of the minutes of the meeting of
December 19, 1978:
H arper moved that the minutes be approved with correction. The
motion was seconded and unanimously approved.
Agenda Item Number 2 -- Reconsideration of a request for a noncon-
forming structure from Holiday Oil Company, 301 University Drive:
Koehler reviewed testimony from the previous hearing. Hughey
remarked that the non-conformity of the existing structure had no
effect on the traffic problems cited at the previous hearing.
Mayo said that the parking plan shown was not workable and would
probably not be approved by the City Engineer. He said that the
purpose of the addition was to change the business to a more intensive
use in terms of traffic and that this should not be encouraged in the area.
Koehler said that if objectionable spaces were deleted there would
still be enough to meet ordinance requirements.
Mr. Holiday said that vehicles now park on the site in whatever fashion
they choose after his business closes, and that any orderly system would
be an improvement.
Hughey said that the question before the Board is whether or not an
addition could be made to the structure and that any parking plan within
the limits of the ordinance is not the Board's business.
The Chair moved that the request be approved because the conditions of
parking had existed for some time, because parking on the site was suf-
ficient for the use proposed and because the proposed construction would not
increase the existing non-conformity. The motion was seconded by Harper
and was approved by the following note:
FOR: Hughey, DuBois, Jones, Harper
AGAINST: Ringer
Minutes/Page 2
Agenda Item Number 3 -- Consideration of a request for variance
from Robert Nash at 301 Poplar:
Koehler said that he had no information except that from the applicant.
No one was present representing the applicant.
Harper said that he could see no information to show the reason for
hardship, if any, or any unique condition necessitating this particular
plan.
The Chair moved that the request be tabled until further information
could be obtained. The motion was seconded by Jones. The Board
discussed the fact that the City eaould now be faced with the expense
of re-publication and notification. The motion and second were
withdrawn.
The Chair moved that the variance be granted. The motion was
seconded by Harper and failed by the following vote:
FOR: None
AGAINST: Hughey, Harper, Jones, DuBois, Ringer
Agenda Item Number 4 -- Consideration of a request for variance from
the parking requirement from Everett Treadway, Lot 16-B, Lakeview Acres:
Mayo said that the Planning Commission had approved the Conditional Use
Permit and a parking plan for the number of spaces proppsed, but that
the Board would still have to determine whether or not a variance should
be granted to allow the reduced number of spaces. He said that the
reason offered for the variance is that the nature of the practice does
not require this number of spaces and that the applicant is not utilizing
all of the area of the. existing structure which influences the parking
requirement. He said that fie questioned any showing of conditions of
the land. Koehler said that this use in a residential zone required
a conditional use permit and that no change in use could be made, other
than reversion to a residence without obtaining a new use permit.
He said that this could be taken as a feature of the land.
The Chair moved that the variance be granted because use of the property
required a conditional use permit and because the required number of
spaces were not necessary to this permitted use. The motion was seconded
by Harper and unanimously approved.
Agenda Item Number 5 -- Adjourn:
There being no other business, the meeting was declared adjourned.