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ZONING BOARD OF ADJUSTMENT
MINUTES FROM MARCH 18, 1993
REGULAR SESSION
7:30 P.M.
The Zoning Board of Adjustment came to order at 7:30 p.m. with the
following regular members present: Sterling Minor, Chairman, Vic
Hansen, Robert McBride and alternate, Theresa Fogler. Also present
from the City were Ed Beasley, Building Official, Susan Thorn,
Building Secretary and Kym Radley, 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 93-05, concerning 6732 Stella
Link, Lots 2,3,4,5&6, Block 6, All of Block 2, Cunningham Terrace,
a request for variance to the location of an ATM machine in a
Residential Zoning District. This application was withdrawn by the
Applicant per a letter received by the Building Official.
The second case on the docket was 93-06, concerning 3620 Albans,
Lot 3A & 3B, Block 93, West University Place, 2nd Addition, request
for variance to allow a fence to be located in an exclusive
• easement. Theresa Fogler made motion to withdraw the case from the
docket when it was determined that proper notice to residents
within 200 feet of the property had not been sent and to hold a
special session on Thursday, April lst at 7:30 to hear the case.
This motion was seconded by Vic Hansen. Voting was unanimous.
The third case on the docket was 93-07, concerning 3516 Robinhood,
East 1/2 of Lot 4, and West 1/2 of Lot 5, Block 75, West University
Place 2nd Addition, a request for variance to authorized a 100'
wide lot to be divided into two 50' wide lots.
Notices were read and participants were sworn in. Theresa Fogler
made a motion to approve the notices as posted. Vic Hansen
seconded the motion. Voting was unanimous.
Robert Collins, Attorney was present to represent Malcolm & Lisa
Donnell, owners of the property in question. Also present was the
owner of the property Lisa Donnell. Mr. Collins explained that
when the owners purchased the property they were informed by the
Realtor that they would be able to divide the lots into two
building sites. The owners are asking for an interpretation by the
Board that would allow them to do this. When the Donnells were told
by the City that they could not do this they went back to the Real
Estate Company and they were told that the Real Estate Company had
been told this by the previous Building Official, Mr. Perry.
• Mr. Collins explained that the area has a predominance of fifty
foot wide lots.
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Ed Beasley gave the City's point of view. He explained that
Section 5-101 (c) of the Zoning Ordinance states that no subdivided
lot in the SF district be further subdivided so as to produce a
site with less that 75 feet of width. This property is made up of
the east half of lot 4 and the west half of lot 5 making a building
site of 100 ft. in width. These portions of two lots have never
been created by an approved plat, nor were they in existence as
separately owned and separately described lots as required by the
definition of a Subdivided lot in Section 2-102 of the Zoning
Ordinance. Mr. Beasley explained that this was his interpretation
that was beinq appealed. This interpretation would not allow this
building site to be divided into two separate 50 ft wide lots.
He explained that one half of one lot was deeded over, then later
the other half of one lot had been deeded over. They have remained
the same since 1939. They cannot be split out if they were never
stand alone lots according to the Zoning Ordinance.
No correspondence was received in favor of.
Tom and Janet McCullough of 3522 Robinhood submitted letters in
opposition to the subdivision of the lots.
Jim Cole of 3523 Robinhood spoke in opposition to the subdivision
~ of the lot.
Theresa Fogler made a motion to close the public hearinq portion of
the meet~ing. This motion was seconded by Robert McBride. All
voting unanimous.
During a brief discussion among the members it was explained that
the ordinance was passed to prevent the creation of more 50 ft.
lots. There had been common ownership for fifty years and
maintained as one building site since that time. The members were
all in agreement that they did not have two subdivided lots.
Theresa Fogler made a motion to deny the appeal. The Board upheld
the interpretation of the Building Inspector that the 100' building
site does not consist of two subdivided lots. This motion was
seconded by Vic Hansen. Voting was unanimous.
Vic Hansen made a motion to adjourn the meeting. This motion was
seconded by Theresa Fogler. Voting was unanimous. The meeting
adjourned at 9:00 p.m.
Chairman
~ Attest:
SECRETARY