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HomeMy WebLinkAbout08/10/1976 - Regular Minutes - Zoning Board of AdjustmentsMINUTES ZONING BOARD OF ADJUSTMENT August 10, 1976 7:30 P.M. MEMBERS PRESENT: Chairman Mike Weiss; Members Sandra Runnels; Janet Storts, Tom Comstock; Council Liaison Larry Ringer; Building Official Bill Koehler MEMBERS ABSENT: John Hughey VISITORS PRESENT: See guest register. Agenda Item No. 1 -- Approval of the minutes of the meetings of June 8 and July 27, 1976. Runnels moved that the minutes be approved. The motion was seconded by Comstock and unanimously approved. Agenda Item No. 2 -- Consideration of a request for variance from Giles W. Willis at 804 Thomas St. Koehler explained that there was no recorded easement for the storm sewer existing along the side lot line and thus Mr. Willis had no way of knowing that his side line clearance would have to be greater than usual. He pointed out that most of the houses in the area were built under Ordinance 38 and a rear setback as proposed would have been allowable. Mr. Willis said that he intended to locate his garage at the rear. Weiss moved that the variance be approved. The motion was seconded by Storts and unanimously approved. _Agenda Item No. 3 -- Consideration of a request for expansion of a non-conforming use from Navaio, Ltd. at 201 West Loop. Koehler said that the mobile home park had existed prior to its annexation, that the land had been zoned R-1 upon annexation and that the addition of the camper spaces and mobile home pad had been shown on the original plan but not constructed due to lack of demand and location of a sewage treatment plant. Mr. Edsel Jones said that 63 spaces were presently in use. Runnels observed that the expansion was less than 25% of the area of non-conformity and would have no effect on the life of the non-conformity. Weiss moved that the permit to expand be granted. The motion was seconded by Comstock-and unanimously approved. Agenda Item No. 4 -- Consideration of a request for variance from D. E. McCrory at 308 Cooner Street. Koehler presented his correspondence from the adjoining owner and his letter to Mr. McCrory stating his intention to withhold certificates of occupancy until the matter was resolved. He also presented McCrory's original site plan and stated that, in his opinion, property lines would be difficult to establish in that area. Mr. Dozier, representing Mr. McCrory pointed out that most construction in the MINUTES, Zoning Board of Adjustment Page 2 August 10, 1976 area was done with a five foot setback, that there was some disagreement between surveyors as to the location of the property line, and that the near completion of the structure created a hardship for the owner if he was required to remove it. He suggested that a variance would be appropriate for his client and for the adjoining owner as well so that the use of his property would not be encumbered beyond the requirements of the ordinance. Weiss stated that, since it was not clear whether or not there was in fact a violation of the setback requirement and in view of the fact that the original site plan disagreed with the subsequent survey, it would not he appropriate for the Board to act until such time as a court of record determined the true location of the property line. Koehler stated that he would therefore proceed on the assumption that there was no violation and entertain no further complaints regarding the side property line until it was so established. The Chair declared that the Board would take no action on the matter. Agenda Item No. 5 -- Consideration of an appeal from Larry Landry at 1219 Airline Drive. Koehler explained that he had refused to issue a certificate of occupancy when the final inspection revealed that two parking spaces did not meet the 20 foot minimum depth requirement of the ordinance. He pointed out that other structures in the area had inadequate drives and parking but that these had not been detected because it had not been the procedure at the time to conduct final inspections. Weiss and Comstock expressed the view that construction disregarding the requirements of the ordinance would normally be required to be corrected without regard to the fact that it might require reconstruction. Koehler presented the City Attorney's opinion that it would be proper for the Board to insist upon compliance henceforth without purusing enforcement of cases which had not been discovered by previous inspection procedures. Weiss stated that enforcement in this case would require the removal of a particularly large and valuable tree, but that a variance should have been requested prior to the construction. In the absence of this unique circumstance the drive would be required to be extended, removing whatever structure was necessary to do so. Weiss moved that a variance to the parking area requirement be granted due to the unique and unusual circumstance of a particularly large and valuable tree which would be lost if the parking were extended. The motion was seconded by Runnels and unanimously approved. Agenda Item No. 6 -- Other business. The Building Official was instructed to notify •all bonded builders that the policy of the City and the Board is to insist upon compliance with Zoning Ordinance requirements without regard to hardships or loss occasioned by construction without regard to requirements of the ordinance. Agenda Item No. 7 -- Adjourn. Comstock moved that the meeting be adjourned. The motion was seconded by Runnels and unanimously approved. APPROVED ATTEST Chairman Secretary ZONING BOARD OF ADJUSTMENT August 10, 1976 7:30 P.M. i• 3. 4. 5. 6. j 7. 8. ~` 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 9W l~(~UtiW '" 19 . ' ` 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36.