HomeMy WebLinkAbout10151992 ZBA Minutes~ ~~ • ~ ~
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~ ~ ZONING BOARD OF ADJUSTMENT
MINUTES FROM OCTOBER 15, 1992
REGULAR SESSION
7:30 P.M.
The Zoning Board of Adjustments came to order at 7:30 p.m. with
following Board Members present: Sterling Minor, Chairman, John
Pickul, Joe Webb and Sue Porretto. Present from the City were Ed
Beasley, Building Official and Susan Thorn, Secretary. Members
introduced themselves and procedures were explained.
No residents were present to express opinions
that were not on the agenda.
The first case on the docket was #92-14, East
25' of Lot 3, Block 13, Rice Court Addition,
for variance to extend the 90 day requirement
a garage after demolition. Notices were read
sworn in.
regarding any items
25' of Lot 2 and West
3123 Amherst, request
of reconstruction of
and participants were
Mr. Richard Ballanfant, owner of the property was not present.
Representing Mr. Ballanfant was George Nachtigall of 2712
Centenary, a colleague and friend of Mr. Ballanfant. Mr. Nachtigall
explained that Mr. Ballanfant is requesting more time to rebuild
• his garage.
needs to be
drawings or
already has
extension o
required by
time to put
He explained that Mr. Ballanfant knows his garage
torn down, but at this time he has no architectural
financing to reconstruct the garage. Mr. Ballanfant
three mortgages on his property and it asking for an
E time to December, 1994 instead of the ninety days
City Ordinance. Mr. Ballanfant needs the additional
together architectural plans and financing.
Mr. Ed Beasley explained the City's point of view. He explained
that this structure has been determined by the Building and
Standards Commission to be a hazardous structure and that it needs
to be demolished immediately. The structure is propped up by
landscape timbers. It has rotated 13" on its foundation. There is
still electrical service to the structure. He sees no problem with
a ninety day time period as a carport screened on two sides would
meet minimum requirements for a garage. The structure has been
condemned and ordered to be demolished by the Building & Standards
Commission.
Joe Webb made motion, seconded by John Pickul to close the public
portion of this hearing. Voting was unanimous.
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The second case on the docket was #92-15, Lot 8, Block 1, Sunset
Terrace Addition, 3749 Sunset, a request for variance to occupy an
accessory building during construction of a new principal building.
Participants were sworn in and notices were read.
Randall A. Stenion, owner of the property explained that he has
resided in West University Place for five years. When he purchased
his residence on Robinhood he had a new garage with quarters
constructed and the water system and sewer system were set up
separately so that the accessory building could be occupied during
construction of a new home. He has signed a contract with Marshall
Willis and has financing ready to construct new home. He reasons
for wanting to reside on the premises during construction are not
necessarily financial. He wants to be there to oversee the work.
Construction should start within a week of receiving this variance.
Letters were received in favor from the following residents:
Richard and Susan Buddeke, 3753 Sunset
Mark and Olivia Fisher, 3729 Sunset
James Masucci
Joseph W. Hoppe, 3750 Sunset Blvd.
Mr. and Mrs. Richard Rau, 3758 Sunset
Anne Vaughn, 3746 Sunset
Neal S. Manne, 3754 Nottingham
No correspondence was received against.
Ed Beasley, Building Official gave the City's point of view. Mr.
Beasley explained that he had spoke to the City Attorney, Jim
Dougherty regarding this matter, he agreed with the City Attorney
that once you demolish a principal building, you have an accessory
building with no principal building and the accessory building
does not the meet the minimum requirements for a principal
building of 1400 square feet. You then have a two part violation
of the Zoning Ordinance.
He explained that when he was with the City of Highland Park they
had a similar situation where a garage and quarters were left up so
that the owners maid would have a place to live and she lived in it
for over a year. It was extremely difficult to evict her because
the City allowed the violation.
Mr. Beasley explained that he needed to have the Board put a
stipulation on how lonq they could reside in the quarters. Only
the Board can do this.
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Mr. Beasley explained that he already has the plans for new
construction in his office with just a few minor changes and
corrections to be made before approval.
John Pickul made motion, seconded by Joe Webb to close the public
portion of this hearing. Voting was unanimous.
Meeting adjourned at 8:10 p.m. for a brief break.
The meeting reconvened at 8:15 p.m.
During a brief discussion of 92-14 Sue Porretto expressed the
opinion that she felt that since Mr. Ballanfant already had three
mortgages on the property that might affect his ability to
reconstruct the garage with a period of ninety days. The other
members felt that the period of time that Mr. Ballanfant was asking
for was too long but that a shorter time frame would be more
reasonable.
Joe Webb made motion to allow a delay on commencement of
construction to October 15, 1993, and completion of construction
with ninety days thereafter. Motion seconded by Sue Porretto.
Voting was unanimous.
• After a brief discussion of 92-15 members agreed that a limitation
of time the accessory building could be resided in would be
necessary.
Sue Porretto made motion, seconded by John Pickul to grant the
variance to allow an eight month period between granting of
building construction permit and occupancy of home, during which
the garage apartment may be occupied. Voting was unanimous.
John Pickul made motion to approve the minutes from June 18, 1992,
motion seconded by Joe Webb. Votinq was unanimous.
Joe Webb made motion to approve the minutes from September 17, 1992
with corrections, motion was seconded by Sue Porretto. Voting was
unanimous.
Sue Porretto made motion to adjourn the meeting, motion was seconded
by John Pickul. Voting was unanimous.
The meeting adjourned at 8:25 p.m.
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CHAIRMAN
Attest:
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Secretary
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