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HomeMy WebLinkAbout11211991 ZBA Minutes~ • ~A ~ ~ ' ~ i ~ ZONING BOARD OF ADJUSTMENTS MINUTES FROM NOVEMBER 21, 1991 REGULAR SESSION 7:30 P.M. The Zoning Board of Adjustments came to order of 7:30 P.M. with Board Members, Vic Hansen, Robert McBride, Teresa Fogler, Sterling Minor and Frank Billings present. . Present from the City were Mike Tanner, City Manager, Ed Beasley, Building Official, Ed Menville, City Engineer, Jim Dougherty, City Attorney, and Susan Thorn, Building Secretary. Hearing of Residents of matters other than those on agenda: There was some discussion as to whether there would be a hike and bike trail built along the easement along the railroad tracks behind community. If was decided that Mike Tanner might be the one contact regarding this. The first case on the docket was 91-18. Lots 7, 8, and 9, Block 25, Collegeview Addition. This was a continuation of the evidence and discussion portion of the previous months hearing. • Participants were sworn in. David Allums, Attorney for the Ruskin Townhouse District residents presented a motion to reconvene meeting at a later date with the same board members which heard the original portion of the hearing. A copy of this motion is included with these minutes. Teresa Fogler made a motion to deny the motion, this motion was seconded by Vic Hansen. The motion carried unanimously. Bob Singleton, Attorney explained that he felt the conditions that were required in order for the Board to issue the special exception placed a burden on Intercity Investments, owners of the property and were unacceptable and illegal under existing ordinances of West University Place. • • • • , ~ He explained their views on the following: Condition No. 1- The restriction of types of motor vehicles which could be parked on the lot. They have no problem with this condition. Condition No. 2- Curb Cuts. They had no problem with this condition. Condition No. 3. - No access onto Ruskin Street. This condition violates the existing Zoning Ordinance; each building site must have adequate access to a street. The alleyway behind the shopping center is not a public street. It would in their opinion violate the existing ordinance. The alleyway is used by supply trucks to unload merchandise and for access to stores. Trucks would be blocking the alleyway and entrance into the parking lot if this were the only entrance allowed. Condition No. 4- Drainage. This requires drainage to be routed through the alleyway. Section 7-101, 6330 of City Ordinance would be violated in their opinion. Condition #5 - The Front 15 feet of the three lots designated as • landscaping eliminates 15 feet of parking area. Existing ordinances for a driveway or parking lot projections make condition condition arbitrary. Condition # 6- No objections to required lighting. Condition # 7- A requirement for an eight foot brick wall along the north and east sides of parking lot is not acceptable. (Condition No. 4) if special exception granted there needs to be relief for the resident of Lot 10 (Mrs. Judy Offman). David Allums, attorney for Ruskin residents stated in reference to access on Ruskin. Lots 7, 8, 9 and 10 have to be all together in order to have access to a roadway i.e. Weslayan. Since they do not have access to a roadway, and cannot comply with the Zoning Ordinance this would not be possible. The Drainage issue Condition No. 5 required a 15 foot setback is incorrect and it should be a 20 foot setback - a parking lot according to his interpretation should be 20 feet because it is a structure being built on an unimproved lot. In deference to Mr. Singleton that the ZBA can impose any conditions which it feels is right in order to grant special exception. • Mr. Craig Joyce, resident explained each of the conditions. He felt that the board should deny special exceptions and attach conditions if were ever put before board again. Myers Hammond, 4016 Ruskin, resident explained that there were many options to unload goods such as conveyors and forklifts and he felt that condition no. 3 could be met by applicant. Joan McCay, 3209 C negie, resident, stated that the City of West University Place a residential district a hat a decision should not be made hat would affect a reside. ial district in a " ~~erogatory way. • Dennis McKeon, 4111 Ruskin, resident also expressed that it was more a matter that residents should be able have a peaceful environment and be able to protect the ambiance of their neighborhood and maintain their property values. Arthur Goldman, 4032 Ruskin, resident explained that he as a resident looks to the Zoning Board of Adjustments to protect him and his neighbors. Vic Hanson made a motion to close this portion of hearing and reconvene after a brief break. This motion was seconded by Teresa Fogler. The motion carried unanimously. The meeting reconvened at 8:35 p.m. The second case on the docket was 91-23, 3902 Hrowning, Lot 8, Block 4, Collegeview 3rd Addition. Notices were read and participants sworn in. This is a request for a variance to build a chimney of a fireplace to extend 2' into the 5' setback. The application for permit was denied because the projection schedule of the Zoning Ordinance does not allow the chimney to extend into the required 5' side setback. James Copeland, property owner explained that he had purchased a • firebox and hardware before he discovered that City Ordinances did not allow the chimney to protrude into side setback. If they moved the hearth into his living room it would make small living space even smaller. He presented a letter with signatures of surrounding neighbors stating were not in opposition to this. Motion was made by Frank Billings to close the public portion of this hearing and reconvene after a brief break. This motion was seconded by Vic Hansen. The motion carried unanimously. The meeting reconvened at 8:50 p.m. Regarding Docket No. 91-18, Dan Bryan & Associates, Lots 7, 8 and 9, Block 25, Collegeview Addition, request for special exception to build a parking lot on the above referenced lots to service the Bel Air Shopping Center: After some discussion and deliberation as to whether or not to grant the special exception a motion was made by Frank Billings that application be granted only if the conditions imposed were met and set forth that Lot 10 be encompassed in the design of the parkinq lot. This motion was seconded by Robert McBride. After Teresa Fogler pointed out that the application for special exception was to build a parking lot on only Lots 7, 8 and 9 and that the application did not include Lot 10. This motion was then withdrawn. ~~ ~ • J~ ~~^. N ~ • A motion was made by Teresa Fogler that Special Exception be ~ denied,, e iri . Motion seconded by Frank Billings. Voting Aye: Teresa Fogler, Robert McBride, Sterling Minor, and Frank Billings. Voting No: Vic Hansen. Regarding Docket No. 91-23, 3902 Browning, Lot 8, Block 4, Collegeview 3rd Addition, James E. Copeland, Owner, a request to build chimney into side setback: A motion was made by Vic Hansen to deny the request for a variance to build in the side setback as~there was no proof of hardship shown by applicant. This motion was seconded by Robert McBride. A motion was made by Frank Billings to approve the minutes from the September 19, 1991 meeting and from the October 17 meeting. This • motion was seconded by Robert McBride. The motion carried unanimously. A motion was made by Frank Billings to adjourn the meeting. motion was seconded by Robert McBride. The meeting adjourned at 9:50 p.m. This ~