Loading...
HomeMy WebLinkAbout08/14/1979 - Regular Minutes - Zoning Board of AdjustmentsM INUTE S • Zoning Board of Adjustment August 14, 1979 MEMBERS PRESENT: Chairman Harper, Boughton, Burke, Jones, Bailey MEMBE RS ABSENT: Mathewson, Dubois STAFF MEMBERS PRESENT: Zoning Official Callaway, City Planner Mayo, Planning Assistant Longley Agenda Item No. 1 -- Approval of Minutes, Meeting of July 17, 1979. Burke moved to approve the minutes of July 17, 1979 with the cor- rection of the date of the minutes previously approved. Boughton seconded the motion which passed unanimously. Agenda Item No. 2 -- Consideration for a request for a rehearing in the name of Mr. Larry Hickman, 301 W. Dexter. Consideration of this item was postponed to allow Mr. Hickmans • attorney to arrive. .Agenda Item No. 3 -- Consideration of a request for a variance in the name of C.E. "Pat" Olsen, 409 Dexter. C.E. Olsen addressed the Board, explaining his request to construct a garage within 3 feet of the rear property line of his lot. Jim Holster, project architect, further explained the request. Chariman Harper inquired as to whether the proposed garage would have a roof overhang. Holster replied that a one-foot overhang was planned, but that this could be reduced. Gloria Martinson spoke in support of the variance. City Planner Mayo pointed out that non-conforming structures should be phased out over time, and that the existance of a necessary hardship must be clear when granting a variance. Mayo inquired as to whether any thought had been given to an alternative design to avoid the need for a variance. Mayo and Holster discussed alternatives and the concept of hardship. Olsen pointed out his desire to maintain the established trees and driveway. • Bailey asked if the applicant would be willing to place the garage closer to the house. Olsen stated his desire to maintain the sep- aration between the house and garage. MINUTE S August 14, 1979. 2 Chariman Harper moved to grant a variance to the rear setback requirement to the site at y-p q ~ ~,~~~,~ because of a special condition of a 13 foot alley to the rear and the general pattern of garages abutting the alley on adjacent properties. The motion was seconded by Burke and failed unanimously. Ag_en_ da Item No. 2 -- This item was taken up after being previously ~opposed;~ Mr. John Hawtrey, representing Dr. Larry Hickman, requested ;~ a reTearing for Dr. Hickmans request for a variance in order to deal with establishing jurisdiction and-the reasons for referring the request to the Board. y a City Planner Mayo suggested that any rehearing should be notified for in the same manner as the original request. Bailey stated that any such consideration of jurisdiction should have proper public notice. Chairman Harper moved to grant the petition for a rehearing, to be heard at the September Board of Adjustment meeting, with notification to be mailed to those having received prior notification. The motion was seconded by Bailey and passed unanimously. Agenda Item No. 4 -- Consideration of a request for a variance in the name of Mr. John Paul- Dories, 405 University Drive. Mr. Jones presented his request for a variance to Section 7-B, Ordinance No. 850, Off-Street Parking Required. aCri his request Jones made the following points: 1. There is no space on the project site where off-street par- king could be provided. 2. There is no property within 200 feet of the project site, and under the same ownership where such parking could be provided. 3. The key question to be considered should be whether or not the granting of the variance would be contrary to the public interest. Mr. Jones further stated that his business would attract walk-in customers and the overflow from other Northgate clubs, that his hours of business would differ from the adjacent businesses, and there is often available parking in the vicinity of his location. Bailey inquired as to the provisions for employees could park on-street. Bailey stated that he believed that most patrons would drive to the Northgate area. Mr. Jones stated that he would generate less traffic than the photography studio previously at that location. City Planner Mayo expressed his concern about the changing of Northgate businesses to more intensive uses, thus compounding the existing parking problem. r1 U • M INUTE.S August 14,.1979 3 Mr. Fred Shelton stated that the issue to be considered should be whether or not the variance would be contrary to the public interest. Mayo, in duscussion with Mr. Jones, agreed that the peak hours of the proposed business would differ from adjacent businesses and that the proposed business migi~t draw from the overflow of the existing Northgate clubs. Mayo further stated that the previous business at that location had a lower parking prquirement. John Otts related problems he had experienced in finding parking spaces at night in the Northgate area. Dennis Knauf stated that the parking problems would be the same for any business that went into that location, and that the parking requirement should be waived. Harper replied available with regards to providing solutions to Northgate parking problems. Mayo reported on efforts underway to address the Northgate parking problems, and discussed the Theory of reducing the intensity of non-conforming uses. Boughton stated that Northgate merchants had expressed their desire to obtain more enforcement of parking regulations in Northgate. Mayo stated that he had no recommendations regarding Mr. Jones request. Harper stated some concern over waiving all parking requirements. Mr. Jones again presented his request to the Board. Following a discussion of a need for a variance for that lease space Chairman Harper moved to authorize a variance waving off- street parking as this is not deemed to be contrary to the public interest and due to the unique and special conditions of the land since it is not possible to obtain private parking within the 200 foot requirement of the ordinance. The motion was seconded by Burke. Burke expressed opposition to the motion, stating the need to avoid complicating the existing parking problems before adding additional parking demand. Fred Shelton stated concern over his vacant lease space. Following additional discussion of the request, the motion failed by the following vote: For: Harper Against: Burke, Boughton, Bailey Agenda Item No. 5 -- Consideration of a request for a variance in the name of Mr. Richard Smith, 819 Texas Ave. C • M 1NUTE S August 14, 1979 4 Mr. Smith presented his request to light a non-conforming sign, detailing the history of the sign, and the need for the request variance. Harper expressed concern about the effect of the lighting on Texas Avenue traffic at night. Smith stated that the fixture to be used should not be a problem, and that he would be happy to correct any problems caused by the lighting. Harper moved to grant the requested variance provided that if the lighting becomes a hazard it shall be corrected by the owner. Bailey seconded the motion which passes unanimously. CJ