HomeMy WebLinkAbout05201993 ZBA Minutes~ , .,; . -~.
• ZONING BOARD OF ADJUSTMENT
MINUTES FROM MAY 20, 1993
REGULAR SESSION
7:30 P.M.
The Zoning Board of Adjustment came to order at 7:30 p.m. with the
following members present: Sterling Minor, Chairman, Vic xansen,
John Pickul, Frank Billings, & Robert McBride. Also present from
the City were Ed Beasley, Building Official, and Susan Thorn,
Building Secretary. Members introduced themselves and procedures
were explained.
No residents were present to express opinions regarding any items
that were not on the agenda.
The first case on the Docket was 93-10, concerning 2808 -Rice,
Lots 24 & 25, Block 7, Rice Court, a request for a variance to
authorize air conditioning units to be located within the side
setback.
Notices were read and participants were sworn in.
Robert McBride made a motion to approve the notices as posted.
John Pickul seconded the motion. Voting was unanimous.
• Hank Rush of University Towne Properties, Builder & Ron Taylor, the
Architect for the project were present to represent the owners of
the property. Also present was Mrs. Nicholas K. Immarino, owner of
the property.
Hank Rush explained that alternative locations have been found for
the air conditioning units, but they are still requesting a
variance to locate the pool~equipment in the side setback. They do
have some alternate places for the pool equipment. When the permit
was issued they assumed they had a 7 foot setback on the side. The
foundation was being constructed and the pool was already in when
the error was discovered. The were informed by the City that the
actual setback was 9.6'. At this point in time it would have been
to costly to move the foundation. ~~
The applicants are requesting a variance to allow the pool
equipment to be located in the side setback. They feel that their
hardship is that there not any room in the rear yard for the
pool equipment other than under the stairs and that would require
an electric water heater which would prove to be too costly to
operate.
No correspondence was received in favor of the applicant.
He explained that there was a new plans examiner checking plans
• failed to catch the side setback issue in the projection schedule
in the back of the Zoning Ordinance. Mr. Beasley discovered the
error when he was double checking the plans after the piers were
drilled and the foundation was ready to be poured. Mr. Beasley
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• contacted Dan Smith, the foreman for the job. He told him the
options were to move the air conditioning or unit he would suspend
the permit until the problem was resolved. Dan Smith contacted Mr.
Beasley and told him that they would relocate the units and work
was allowed to progress. At this point in time the house is framed
and there are no air conditioning lines run, the swimming pool is
gunited but not complete, the plumbing is not totally complete.
There are several locations for this equipment to be placed. There
are areas in the front and several different Locations within the
setbacks.
One letter was received in opposition from the owners of the
property next door.
Frank Billings made motion to close the evidentiary portion of the
hearing. John Pickul seconded the motion. Voting was unanimous.
After a brief discussion among the Board Members in which there was
no hardship found and that there were other options for the
locations of the equipment. Motion was made by Frank Billings,
seconded by John Pickul to deny the variance. Voting was
unanimous.
Frank Billings made motion to approve the minutes from March 18,
and April 1, 1993. This motion was seconded by Vic Hansen. Voting
• was unanimous.
Frank Billings made motion to approve the minutes from April 15,
1993 with corrections. Motion was seconded by Robert McBride.
Voting was unanimous.
John Pickul made motion to adjourn. This motion was seconded by
Vic Hansen. Voting was unanimous.
The meeting adjourned at 8:10 p.m.
CHAIRMAN
ATTEST:
Secretary
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