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HomeMy WebLinkAbout06201991 ZBA Minutesr . ~ 4 n ~ • ~ • ZONING BOARD OF ADJUSTMENT MINUTES FROM JUNE 20, 1991 REGULAR SESSION The Zoning Board of Adjustment meeting came to order at 7:30 P.M. with Acting Chairman Robert Heaton, Joe Webb, John Pickul, Victor Hansen, and Teresa Fogler present. Sterling Minor arrived at 7:50 P.M. Brent Sherrod, Director of Engineering and Construction, Cecil Boles, Assistant Building Official, and Elizabeth Bethune, Secretary, from the City were present. Members introduced themselves, and procedures were explained. The first case on the docket was #91-7, 4212 Dartmouth. Notices were read and participants were sworn in. Dr. Rabih Darouiche, the owner of the property located at 4212 Dartmouth was present. Mr. Darouiche explained that for safety reasons he wants to install an electric gate across his driveway. Mr. Darouiche was denied a permit for the electric gate because the electrical box which controls the gate will protrude past the front building line. • Cecil Boles gave the city's viewpoint: The projection schedule will not allow the electric box for the gate to sit in front of the building line. Leo Shipman and Karin Echols Shipman, the residents at 5424 Fairmont wrote a letter in favor of the electric gate. Michael Henderson the resident at 4216 Dartmouth wrote a letter in favor of the electric gate. The second case on the docket was #91-8, 5902 Community. Notices were read and participants were sworn in. Harry Sedue was present, representing John Sylvester, the owner of the property located at 5902 Community. Mr. Sedue explained that Reliance Construction has a contract with the City of West University Place to install water lines. Reliance construction uses the lot located at 5902 Community to store their equipment. Mr. Sedue said Reliance construction wants the property to be considered as a municipal use, because they have a contract with West University. Cecil Boles gave the City's viewpoint: The city needs to know if the Zoning Board of Adjustment considers the property located at 5902 Community to be under municipal use at this time. • The consensus of the board was that 5902 Community was not a municipal use, but they would consider granting a variance to allow the equipment to be store on the property. ' - '` ~ ~ ~ • Linda Lamb, the resident at 5908 Community was opposed to granting the variance. Randall Glash wrote a letter commending Reliance construction for neatness when they worked near his home. Bob Simpson, Deputy Director of Public Works/Utilities for the City of West University Place, wrote a letter in favor of a variance to allow Reliance Construction to continue storing equipment on the property located at 5902 Community. The third case on the docket was #91-9, 3724 Albans. Notices were read and participants were sworn in. Marshall Willis of Jonathan Marshall Homes was present, representing David Beal, the owner of the property located at 3724 Albans. Mr. Willis explained that he wanted to build a new house on the property located at 3724 Albans and he wanted the house to face Albans with a rear setback of 10 feet. Mr. Willis said he came before the Zoning Board of Adjustment for them to decide the setbacks for the property. Cecil Boles gave the city's viewpoint: Due to the unusual configuration of the subject property, the city is asking the Zoning Board of Adjustment to determine the setbacks. ~ Philip Nickman, 3704 Wroxton, spoke in opposition to a less than 20' setback on Wroxton. David Burman, 3727 Albans, spoke in opposition to a less than 20' setback on Albans. Ralph Goldsticker, 3736 Wroxton, spoke in opposition to a less than 20' setback on Wroxton. Cecil Ulmstead, 3711 Wroxton, spoke in opposition to a less than 20' setback on Wroxton. Alva Davis, 3742 Wroxton, spoke in opposition to a less than 20' setback on Wroxton. Carol Garnett, 3715 Wroxton, spoke in opposition to a less than 20' setback on Wroxton. Martha Yates, 3724 Wroxton, spoke in opposition to a less than 20' setback on Wroxton. The last case on the docket was #91-10, 4004 Bellaire. The applicants involved in this application were not present. • Joe Webb made motion seconded by John Pickul to close the public portion of the meeting. Motion carried. Motion was made by Sterling Minor to take a five minute break and motion was seconded by Joe Webb. Motion carried. • f • ~ ~ • ~ .~ ~ • The discussion portion of the hearing began when the members reconvened at 9:00 P.M. After a brief discussion on #91-7, John Pickul made motion seconded by Joe Webb to allow a gate operator box no more than 24"x18" to sit in the front setback. Motion carried unanimously. Discussion of #91-8: Joe Webb made motion seconded by Sterling Minor to allow Reliance Construction to store equipment on the property located at 5902 Community for a period of 180 days, but there must be a buffer created at least 10 feet inside the property line on the south side of the property. Motion carried unanimously. After a long discussion on #91-9, Sterling Minor made motion seconded by Teresa Fogler, that the following absolute building lines apply allowing for no projection except as proposed: 18' setback along Albans, 18' setback along Wroxton, 25' setback on the tangent point where Wroxton and Albans meet, 5' along the property line between the subject property and lot 4 and lot 6. The exception projections include fencing to the property line between the subject property and lot 4 and lot 6. Patio, sidewalk, and driveway • are to be as prescribed in the present projection schedule with a maximum of 800 sq.ft. allowed. Eaves and cornices as allowed in the projection schedule with the following matters of clarification: Garage is to be built at least 3 feet behind the 18' projection line along either street, there shall be no circular driveway allowed, the property will maintain the present address of 3724 Albans, all other restrictive portions of the Zoning Ordinance still apply, and these restrictions only apply to the setbacks and projections. Motion carried unanimously. Motion was made by Sterling Minor and seconded by Teresa Fogler to approve the minutes for May 16, 1991. Motion carried unanimously. Motion was made by John Pickul and seconded by Joe Webb to adjourn the meeting. Motion carried and the meeting adjourned at 10:05 P.M. Chairman C~ Attest: Secretary