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HomeMy WebLinkAbout11161995 ZBA Minutes,r ~ ZONING BOARD OF ADJUSTMENT MINUTES FROM 11/16/95 REGULAR SESSION The Zoning Board of Adjustment came to order at 7:35 p.m. with the following members present: Chairman Sterling Minor, Sue Porretto, Frank Billings, Michael Neal. Alternate Members present were Amy Chaisson Seling, Lee Huber and Ty Hutchins. Present from the City were: Jerry Burns, Deputy Director of Public Works and Cathleen King Building Secretary. Board introduced themselves and procedures explained. Notices were read and participants sworn in. Sue Porretto made a motion to approve the notices as posted, with Ty Hutchins seconding and the vote for approval was unanimous. The first case on the Docket was the rehearing of 95-12, concerning property located at 2631 Nottingham, Lot 2, Block 4, Evanston Addition, a request for a variance for a front setback of 19.5' instead of 20' required by the Zoning Ordinance for lots 1 l0' in depth or less. David Allums, attorney for applicant Peter Rozowski stated that Mr Rozowski's home was built in 1948 and no reconstruction ef~'orts have been made since then. He explained that Mr. Rozowski • purchased the house and lot earlier this year with the intent to reside and substantially remodel the structure since the structure is in such poor condition due to neglect of previous owners. Mr. Allums stated it had been determined by the Chief Building Official that the front set back line is approximately 19.5 feet rather than 20 feet as required by the Zoning Ordinance and all permits requested to begin remodeling have been denied until a variance is granted to allow the front set back to remain at the 19.5 feet. David Allums Explained he had a letter from Mr. Rozowski's surveyor which stated the right-of- way line both east and west of Mr. Rozowski's house is not straight and could vary positively or negatively .3 feet and further, most of the houses appear to be at or about the same distance of the right-of-way line. Therefore Mr, Rozowski's set back may be, in fact, be 20 feet with the discrepancies in right-of-way pins. David Allums stated a primary and unnecessary hardship on Mr. Rozowski is the literal compliance with Ordinance requirements which he would be required to remove a significant portion of his house, and foundation slab and roof. This is precisely why the Board of Adjustment has been granted its broad powers to grant variances to alleviate such unfair and unnecessary hardships on landowners. You can easily find that the cost of such a requirement is an additional unnecessary hardship. David Allums stated for the Board to note that the Zoning Ordinance does permit encroachment of certain elements of homes into the front setback. Many of those permitted encroachments ~ allowed are more than six inches. He stated that for all of the reasons stated herein, the grant of a • Jerry Burns, Deputy Director of Public Works, stated this is a request for a variance to allow a carport to cover to project into the rec~uired twenty-five foot front setback by five feet. This request is being made by the owner of the property shown above, Daphne Lerner, allowing a car under cover of the carport. At the present time there is no garage, carport or covered parking. The carport was enclosed in 1976 by then present owner, Don M. Ranly. The Building Division was not able to determine when the garage was converted to nongarage space. The City requests the requirements of the Zoning Ordinance No. 1493 be followed and no projection of the carport be allowed without a variance approved by the Zoning Board of Adjustment. No correspondence was received in opposition of the application. The last case on the Dock.et was 95-15, concerning property located at (i012 Kirby, Lot 6, Block 5, Virgina Court Addition, a request for a variance to construct two single family townhomes with one zero width side yard joined by a common wall. Frank Billings made a motion to approve the notices as posted, with Sue Porretto seconding and the vote for approval was unanimous. Bill Blum, President of the Princeton Group, owner of 6012 Kirby stated he was asking for a special exception to use the completed premises as a two single family townhomes with common wall because the reasonable and useable space for living areas may be built and per note 4 in the Zoning Ordinance; In the TH, GR-2 and C District, the ZBA may issue a special exception for a ~ zero-width side yard, but only upon application by both property owners and only if the special exception is conditioned upon the construction and maintenance of a common wall or continuously-abutting separate wall; in either case with a four-hour fire rating or better along the property line. No correspondence was receivedr of the application Jetry Burns, Deputy Director of Public Works, stated the owner, Princeton Group, Inc. is requesting a special exception be granted to Zoning Ordinance No. 1493 concerning the three foot interior side setbacks required for the TH District. The request is for a zero-lot line and would allow the construction of two townhouses at 6012 Kirby. All other construction and zoning requirements would be met. The City requests the requirements of the Zoning Ordinance No. 1493 be followed concerning the request for a special exception by the Princeton Group, Inc. No correspondence was recievedreceivedi the application. After a brief discussion af the rehearing of 95-12 Frank Billings made a motion to grant the variance upon the condition that the width of the projection into the setback in never more than it is presently. Sue Porretto seconded the motion and the vote for approval was unanimous. The voting members were: Sue Porretto, Frank Billings, Sterling Minor, Michael Neal and Lee Huber. The next Docket item 95-14, after a brief discussion Frank Billings made a motion to deny the . variance. Sue Porretto seconded the motion. Sue Porretto, Ty Hutchins, Michael Neal and Frank • variance in this case will establish that substantial justice has been done by your exercise of the specific power the legislative has vested in the Board and he urged the Board to grant the variance requested so Peter Rozowski, may proceed to remodel his new home and become an active participant in the City. Odile Roberts 2627 Nottingham stated that she owned the house immediately east of Peter Rozowski's and also owns the house two doors west of it. She stated she would like to see this house preserved. She is in favor of granting the variance. Philip Davis 2635 Nottingham stated he owned the house immediately to the west of Peter Rozowski's and he is in favor of granting the variance. He stated he thought all of the house's on that block have the same front setback as his. Written correspondence was received in favor of the application, in original file. Jerry Burns, Deputy Director of Public Works, stated the structure at 2631 Nottingham was permitted for construction on October 5, 1948. The front setback requirement at the date of permitting was 20' for a lot less than or equal to 100' in depth. At that time, it would be presumed, a form survey was not rec~uired as is today; therefore, the .5' front setback error could very easily have occurred. To bring the existing structure at 2G31 Nottingham into compliance this variance is needed. The approving of this variance will provide this structure with compliance to the Zoning Ordinance and allow for the issuance of permits or other items as needed in the future • without question. The City requires this structure be brought into compiiance by the variance precess. No correspondence was received in opposition of the application The second case on the Docket was 95-14, concerning property located at 2712 Fenwood, Lot 8 & part of Lot 9, Block 1, Pemberton Addition, a request for a variance for a covered parking area extended 5' into the front setback area. Sue Porretto made a motion to approve the notices as posted, with Amy Seling seconding and the vote for approval was unanimous. Daphne Lerner owner of 2712 Fenwood stated that she would like to apply for a variance to aliow for a front setback of 20 feet. She stated her reason for needing a variance is to enable her to have some covered parking places. Currently, the property does not otherwise have any garage, carport, or covered parking areas. Ms. Lerner explained that the covered parking area would be attached to the house where the driveway meets the front right hand area and would be open in the front and on both sides. It would be designed to match the architecture of the originat building. • Written correspondence was received in favor of the application, in original file. ~ Billings voted for. Sterling Minor voted against. The last Docket item 95-15, after a briefdiscussion Frank Billings made a motion to grant the special exception. Michael Neal seconded the motion and the vote for approval was unanimous. The voting members were: Sue Porretto, Amy Selig, Sterling Minor, Frank Billings and Michael Neal. Sue Porretto made a motion to approve the minutes from the October 19, 1995 meeting with corrections, with Amy Selig seconding and the vote for approval was unanimous. Sue Porretto made a motion to adjourn the meeting, with Frank Billings seconding and the vote for approval was unanimous. The meeting adjourned at 9:35 p.m. CHAIRMAN • ATTEST: SECRETARY ~