HomeMy WebLinkAbout11211991 ZBA Minutes~ •
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~ 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.
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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.
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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.
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