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HomeMy WebLinkAbout10151992 ZBA Minutes~ ~~ • ~ ~ .. . . ~ N o ~ ~ . ~a- E ~J `I r ~~ $ ~ , ~ !~P v • rra p ~~ ~ ~~~~~V ~ 0ar e a ~ disQ oro • ohibited, ~ ~ 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. • ~ ~ C ~ • • • 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. ~ _ , ~, - ~ • ~ 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. ~~ CHAIRMAN Attest: , _ • ~ ~ ~' r \ ~J Secretary • ~