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HomeMy WebLinkAbout01/18/1977 - Regular Minutes - Zoning Board of AdjustmentsMINUTES Zoning Board of Adjustment January 18, 1977 MEMBERS PRESENT: Chairman Weiss, Members Runnels, Comstock, Storts; Council Liaison Ringer; Building Official Koehler MEMBERS ABSENT: Hughey 1. Approval of the minutes of the meeting of December 1.L,., 1976. Storts moved that the minutes be approved. The motion was seconded by Comstock and unanimously approved. 2. Consideration of a request for variance from Mr. David Basco at 1203 Pershing. Koehler explained the nature of the request and stated that, in his opinion, the structures in the neighborhood observed a 25 foot rear setback and that there were no unique conditions of the land. Mr. Basco cited detached structures at 1101 and 1103 Pershing and at 1201 Coode which infringed on a 25 foot setback and whether or not they were structures by definition, they had the effect of being structures thus creating an unusual situation of the land with respect to adjoining actual uses. Weiss reviewed the requirements for the granting of a variance. Comstock observed that the Board could not grant a variance unless unusual conditions of the land could be shown and that he could see no such conditions. Weiss moved that the variance be granted. The motion was seconded by Runnels and failed by the following note: For: None Against: Weiss, Runnels, Comstock, Storts 3. Consideration of an appeal from Tom Chaney at L,.OI,. Fairview. Koehler explained that he had refused to issue a permit for the addition of a bedroom suite which contained cooking facilities separate from the existing kitchen in a single family residence on the grounds that the separate facilities would create a duplex as defined by the Building Department Policy. Nh~. Chaney said that the addition was to be used by members of the imediate family, that entrance to the area could be gained only from the main part of the house and that strict application of existing policy could exclude such common uses as a "wet bar" or convenience center in a recreation room or den. He suggested that policy should be modified so as to make enforcement contingent upon violation by actual occupancy rather than structural characteristics in cases where it would be possible to occupy the structure without violating the Zoning Ordinance. Weiss observed that the structure could be occupied as a duplex without any modification but that a duplex was not specifically defined in the ordinance. Weiss moved that the permit be granted, that the Certificate of Occupancy limit the occupancy of the entire structure to members of one imediate family only, that the Building Official ask for an amendment to the Zoning Ordinance to define a duplex, and in the interim that any similar cases be referred to the Board. The motion was seconded by Runnels and unanimously approved. L,.. Consideration of a procedure for setting meeting dates. Koehler suggested that the Board establish the third Tuesday of each month as a regular meeting date subject to cancellation for lack of business or lack of quorum and not requiring a call by the Chairman. With the consent of the Board, the Chairman declared that the third Tuesday of each month would be the ,regular meeting date. 5. Other Business. Koehler stated that the City attorney had deter- mined that beginning work without a building permit was an offense subject to the penalty provisions of the ordinance and did not require a change in the ordinance. 6. Runnels moved that the meeting be adjourned. The motion was seconded by Comstock and unanimously approved.