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HomeMy WebLinkAbout06151995 ZBA Minutes (2)'1 . • ZONING BOARD OF ADJUSTMENT MINUTES FROM 6/15/95 REGULAR SESSION The Zoning Board of Adjustment came to order at 7:30 p.m. with the following regular members present: Chairman Sterling Minor, Vice Chairman Frank Billings and Sue Porretto. Alternate members present were: Vic Hansen, Melinda Snell and Arden Morley. Members absent were Stephen Masera, Rob Peterson and Lee Huber. Present from the City were: Dennis Holm, Chief Building Official, City Attorney James Dougherty and Susan Thorn, Building Secretary. Members introduced themselves and procedures were explained. No one was present for any matter other than the agenda items. Notices were read and participants were sworn in. Arden Morley made a motion to approve the notices as posted. Frank Billings seconded the motion. Voting was unanimous. • The first item on the Docket was 95-06 concerning property located at 6546 Buffalo, Lot 1, Block 31, West University Place 1st Addition. A request for a variance was filed by Pat R. "Randy" and Lynn Bullard to allow a lot 100' x 150' into finro lots with dimensions less than the minimum dimensions of 75' x 110' allowed by the Zoning Ordinance. Randy and Lynn Bullard owners of 6546 Buffalo presented their request. Also present was Michael Mazzone, the Bullards Attorney. Mr. Mazzone stated he lives at 2927 Georgetown. The difference between the first request for variance which was submitted at a previous hearing held January 20, 1994 and this application is Mr. Bullard took a copy of the letter sent to adjacent property owners by the City and asked the property owners position on this request. An overwhelming majority were in favor. Frank Billings asked to proceed with provisions of Article VI Section 4 from the Zoning Board of Adjust Rules of Procedure. A copy of the ZBA Rules of Procedure is included as a part of these minutes. Sterling Minor read from the Section Mr. Billings referred to. "After the decision of the Board is final (that is, no rehearing or appeal to the District Court is pending), the Board of Adjustment need not conduct a hearing unless there shall have been a substantial change in the circumstances affecting such property since the prior decision on substantially the same issue. The Board may first hear • evidence on the issue of substantial change in the circumstances, and then make the determination whether it will hold a hearing on the application or dismiss the application." . ~ ~ .. • Sterling Minor asked if the applicants could show substantial changes to the condition of the property? Donna Burgess of 6408 Buffalo Speedway stated she felt if the Members of the Zoning Board of Adjustment had changed since the variance was denied the first time this should be considered substantial change. Mr. Tom Kuhn of 3221 Carnegie explained that he did not live at his home at the time the application was first heard. He was having a new home constructed during that time. The house he had demolished was valued at only twelve thousand dollars and his new house is valued at a half million dollars. He felt it would be more attractive to have the lot subdivided and two homes built so if he looked out his front door he would see the front door of a new home instead of a three garage. Mr. Mazzone asked the Board to consider the Bullard's rights as property owners. The the house has deteriorated since the first hearing because the Bullards have been unable to sell part of their lot to create funds to make repairs. The Bullards are also willing to divide in any manner the Board would allow. The first application was for the lot to be subdivided into lots 100' x 100' and 100' x 50'. The Bullards are willing to limit the size of the structure on the smaller lot. Mr. Mazzone stated he believes this shows substantial change in circumstances. • Frank Billings made a motion to not rehear the application as no substantial change in the circumstances. Sue Porretto made a motion to second the motion. Voting was unanimous. Voting members were Frank Billings, Sterling Minor, Sue Porretto, Arden Morley and Melinda Snell. Frank Billings made a motion to approve the minutes from the May 18, 1995 meeting with one minor change. Arden Morley seconded the motion. Voting was unanimous. Frank Billings made a motion to adjourn the meeting. Arden Morley seconded the motion. Voting was unanimous. The meeting adjourned at 8:10 p.m. CHAIRMAN r~ LJ ATTEST: SECRETARY