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HomeMy WebLinkAbout08251994 ZBA Minutes: . • ~ • MINUTES FROM AUGUST 25, 1994 SPECIAL SESSION ZONING BOARD OF ADJUSTMENT MINUTES The Zoning Board of Adjustment came to order at 7:45 p.m. with the following members present: Arden Morley, Stephen Masera, Sterling Minor, Chairman, Rob Peterson and Lee Huber. Members absent were Sue Porretto, Victor Hansen, Frank Billings, Vice Chairman and Melinda Snell. Also present from the City were Dennis Holm, Chief Building Official and Cathleen King, Building 5ecretary. Members introduced themselves and procedures were explained. Sterling Minor addressed Mr & Mrs. Lawrence Heard for an item that was not on the agenda. Lawrence & Caroline Heard would like to request a rehearing for Docket No. 94-11 concerning property located at 4034 Byron Street Block 19, Lot 32, Collegeview 4th originally filed by Caroline and Lawrence P. Heard a request for Variance to allow an accessory building to encroach 5' into the rear 20' setback. Sterling Minor asked if they have any new evidence to introduce. • Lawrence Heard explains that they are in the process of gathering information right now that would be meaningful to the Board. Mr Heard explains that he was driven by a widespread level of disbelief from his neighbors and resident friends as of the ruling that was made the last time the Board convened on this issue. Additionally he expresses his opinion on the apparent discrimination that appears to be going on against a property type like theirs that has an attached garage to the primary facility. He explains that different setbacks are allowed all in the arena of the attached garage as a single home and that appears not to be uniformly enforced, so at this point they are in the process of evaluating everything to make sure that all the information is setforth before the board for consideration. They don't feel that the case was presented in a fully investigative manner as could have possibly been done. Sterling Minor asks if the evidence that they would bring forth would be to show attached garage incidences where the main building structure does encroach into the back 20'. Lawrence Heard answers he does and that the coverage that their house has to the total lot still remains well under the coverage ratio not only required by the city of West University but additionally the new homes that are going up around far exceed that and that could be something as well. • Sterling Minor asks if Lawrence Heard has any information that he would want to present to the Board on what special circumstances apply to his property. u ~ • Lawrence Heard asks if Mr. Minor is asking what hardships he has because of this and he states that he thinks that since his answer was not good enough last time he does not think that he will have a better one this time. Mr. Heard states that he is not prepared to go into any additional details and that he does not have any additional hardships for the Board to consider at this time. He explains that they are in the process of gathering information and he knows that they are defiantly going to come back on issues as he has stated. Caroline Heard states that their home is not even 20' off the back line. Lee Huber made a motion to have a rehearing of Docket 94-11. This motion was seconded by Arden Morley. Sterling Minor opposed the motion. The first case on the Docket was the continuation of Docket No. 94-09, concerning the property located at 3604 University, Tract 6a, Block 44, West University Place 2nd Addition, an application filed by West University Methodist Church requesting a special exception to use a single family residence for classes, storage space and staff office space. Notices were read. Arden Morley made a motion to approve the • notices as posted. This motion was seconded by Stephen Masera. Voting was unanimous. Sterling Minor recused himself as a member and as Chairman for this item on the Docket as he is a member of the West University Methodist Church. Arden Morley moves that Rob Peterson act as Chairman for pocket No. 94-09. This motion was seconded by Stephen Masera. Voting was unanimous. Participants were sworn in. Reverend John Collier of the West University Methodist Church explained the Church's application for a special exception. Reverend Collier explained that the Church is asking for a special exception to use a single family residence for classes, office space and storage space during the demolition of seven classrooms and the construction of Fellowship Hall at the Church. He anticipates that this construction will be finished late Spring or early Summer. He feels that they need this space so that they can continue to have small group activities while this renovation is being done. Reverend Collier explains that this request will not require additional parking as the Church is across the street and they would utilize its parking. He explained the Church already • owned this house and because of its close proximity to the Church they felt it would be an ideal place to hold classes. He states that there will be from 5 7 meetings there a week. • • • Reverend Collier states that after the July 28th meeting he sent the City and the Board a letter that recognizes Mr McNeirs letter that represents some of the homeowners in the area, they agreed to some of the conditions and concerns that they had. First the temporary exception zoning request for 3604 University Blvd. will terminate August 1, 1995, (2) All residential ordinances concerning noise, storage, fire, safety, and curfews will be respected, (3) There will be no slumber parties or overnight activities for children, youth or adults on the property, (4) Children in the forth grade or younger will not use the house for meetings, (5) Group activities outside the house will be confined to the fenced back yard. Lee Huber asks what are they doing now for the meetings. Reverend Collier explains that most of the meetings are being held at different peoples houses. Lee Huber asks what will be done with the house after August 1, 1995. Reverend Collier explains that the house is an asset and will possibly be sold to help the funding of the Fellowship Hall remodel. • Lee Huber asks if the Board has the authority to issue a special exception for this. Arden Morley states that in the Zoning Ordinance 7-100, (b), (2), The ZBA may issue a special exception for any of the following (which shall be considered principal used if such a special exception is granted): (i) Park, playground or community center (public); (ii) School (public); (iii) Church. In connection with the above, the special exception may also specify and limit accessory uses and accessory buildings. Lee Huber still questions if this is allowed to be granted by the ZBA and the definition of Church was stated: Those spaces designed and used for actual worship by a recognized and organized religious group, having an ordained minister, priest, rabbi, or similar religious leader, including parking areas and necessary supporting facilities, but not including nonworship spaces such as residences, dormitories, schools, child care facilities, or physical fitness facilities. Arden Morley states that he feels that this would fall under necessary supporting facilities. The Board feels that this is true and correct. • Two letters were received in favor of the application. . . • - ~ • • Dennis Holm, Chief Building Official gave the City's point of view. Mr. Holm explained that the ZBA may issue a special exception for any of the following uses and the use that they are applying for is a Church. There is also a need for a special exception for the parking because it is located on the property that would be across the street. The City is Not opposed to the requests for "special exceptions" for: (1) the use of the single-family structure as a temporary meeting place and office space; however, the location being used for a storage location in conjunction with class room and office is not desirable; and (2) the parking needed for this structure is within three hundred (300) feet and no increase in parking seems needed. Mr. Holm explains that the reason that the City objects to the location being used for storage is because of possible fire hazards. Two letters were received in opposition of the application. Arden Morley made a motion to close the evidentiary portion of the hearing. This motion was seconded by Stephen Masera. Voting was unanimous. Lee Huber opens the discussion by stating that she is totally • opposed to granting this special exception because she feels that there is no need for this it, she states that they have made alternate arrangements up until now and she feels that there is no way to control any of the factors that have been stated. She thinks that there is to much of a risk to the City with respect to safety and danger with people crossing the street, parking down the wrong side and children running back and forth, University Blvd. is busy enough. Also she states that she personally would not want houses to be used from 7:00 - 9:00 p.m. for classes which Reverend Collier said can get up to 35 people, she does not feel that the City can control the behavior going on inside that house. Stephen Masera states that it is going to be a temporary situation and he feels that it is going to benefit the entire community. The Church has made the efforts to meet the requests of all the neighbors. He feels that there is a need for this special exception for the convenience of not having to run around the City to different houses all the time. Arden Morley states that legally the Board may grant this special exception if they agree to. He asks Lee Huber if there is any restrictions that she can come up with to grant the special exception. Lee Huber says no. Lee Huber made a motion to deny the granting of the special • exception. No second was made. ~ ~ • Arden Morley made a motion to table the hearing until the next meeting. The motion was seconded by Stephen Masera. Voting was unanimous. Sterling Minor states that he resigns as Chairman of the Zoning Board of Adjustment. Arden Morley made a motion to approve the Rules of Procedure of Zoning Board of Adjustment with the correction of the Oath. This motion was seconded by Stephen Masera. Voting was unanimous. Arden Morley states that Docket No. 94-11 for the West University Methodist Church and Docket No. 94-09 for the Heards will be heard at the next regular hearing date. Arden Morley made a motion to adjourn the meeting. This motion was seconded by Stephen Masera. Voting was unanimous. The meeting adjourned at 8:55 p.m. • Attest: O SECRETARY ~~~ CHAIRMAN ~