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HomeMy WebLinkAbout04201995 ZBA Minutes~ _, • MINUTES FROM APRIL 20, 1995 ZONING BOARD OF ADJUSTMENT ~ ` ~ C/~ The Zoning Board of Adjustment came to order at 7:34 p.m. with the following members present: Chairman Sterling Minor, Vice Chairman Frank Billings, Regular Members Sue Porretto, Stephen Masera, and Alternate Vic Hansen. Also present from the City were Dennis Holm, Chief Building Official and Susan Thorn, Building Secretary. Members introduced themselves and procedures were explained. During the Hearing of Residents Joe Witherspoon, the attorney for the Williams owners of 3210 Rice asked the Board Members to review the minutes from the October 20, 1995 meeting to better clarify the decision for pocket No. 94-14. Notices were read and participants were sworn in . Frank Billings made a motion to approve the notices as posted. Sue Porretto seconded the motion. Voting was unanimous. Voting members were Sterling Minor , Frank Billings, Sue Porretto, Stephen Masera and Vic Hansen. • The first case on the Docket was 94-09, concerning the property located at 3023 Georgetown, Lot 12, Block 6, Rice Court Addition. A request for variance was filed by David and Ruth Netscher to allow a front setback to encroach 1.9' into the required 20' front setback area. David Netscher, owner of 3023 Georgetown presented his request. Also present was Sanford Frankel, Architect for the project. Mr. Netscher explained he wanted to build an addition to his house and had Mr. Frankel draw up some provisional plans. He explained his house size is relatively small (2100 s. fl and the plan was to increase it to 2900 s.f. and add a master bedroom and study area to meet his family's needs. The house extends 1.9' in front of the front setback building line and Mr. Netscher is the third owner of the present property. To bring the existing main structure into compliance, the 1.9' encroachment would have to be removed or the present structure be demolished and a new house built. The addition would be to the rear of the house and over the existing kitchen with a two-story corridor connecting the new quarters and the existing garage. An addition presently on the rear of the garage that encroaches into the utility easement would be demolished. Mr. Netscher stated he was asking for a variance that would allow the existing structure to remain where it is and be in compliance, so an addition, which would be in compliance, could be built. • Frank Billings asked if the only alternative would be to tear the structure down? Mr. Netscher explained the entire front of the house encroaches 1.9' in front of t" • the required front setback. Vic Hansen asked if the entire carport would be removed and replaced with a newer covered walkway? Mr. Frankel explained it would be replaced with a two story corridor. Sue Porretto asked if the Netshers had other alternatives if the variance were not granted? Mr. Netsher stated he would have to sell the house. Mr. Netsher presented the Board with a set of preliminary plans and photographs to illustrate his problem. He explained the house was built in 1975 and he was the third owner. He stated he needed the additional space for his sons who would be needing a place to study in a few years. Mr. Netsher stated late hour work now had to be done at the office and his sons did homework at the kitchen table. This is not conducive to family life. No correspondence was received in favor of the application. Dennis Holm, Chief Building Official gave the City's point of view. He explained this structure was permitted in July of 1975, the front setback requirement for this size lot was 20' minimum for a 105' deep lot. In 1981 the garage was permitted to be connected by the present carport. In 1992 a permit was issued for removal of the • existing front porch and facade to be replaced with the exact same size structure. The Vic Hansen asked if a new structure were to be built on the lot, what would the front setback building line be? Mr. Holm stated that it would be twenty feet. "Form Survey" the City requires now was not required at the time this structure was built. The required "Form Survey" helps to prevent this type of error. Mr. Holm stated he could not explain how the structure was moved 1.9' forward. Because the structure does not meet the setback requirements, permits were not issued for remodeling until the structure is brought into compliance. Mr. Holm explained he did not have the authority to grant a zoning variance. Frank Billings asked if the building were pushed back 1.9 feet, would it still meet the pervious area? Mr. Holm stated it would. Sterling Minor asked was any benefit being derived by having the front of the house pushed forward 1.9 feet in front of the building line? Dennis Holm stated no. There was no benefit being derived. Dennis Holm stated this structure needs to be in compliance. Coming before the Zoning Board of Adjustment and requesting a variance is the only way to do this. • Sterling Minor asked, if the Zoning Board of Adjustment denied the variance, would the Building Official have the authority to order the structure to be torn down in its present condition? Mr. Holm stated he did not. Mr. Minor stated the only event that triggers ,~ • • what he refers to as a legal non-compliance which could result in the building being torn down or fined, would be enough change to the present structure to require it be brought into compliance. Mr. Holm explained another item that comes across his desk is a title search question and if he were queried on this he would have to state, there is a setback violation for the structure in the front. Stephen Masera asked if by connecting the house and garage, did it violate a rear setback? Mr. Holm stated there was a rear 20 ft. setback and you could build the main house up to the 20 foot line line and connect it to the garage as long as only garage space and a maximum of 600 s.f. of living space was above the garage. No correspondence was received in opposition of the application. Frank Billings made a motion to close the evidentiary portion of the hearing. This motion was seconded by Sue Porretto. Voting was unanimous. Members voting were Sterling Minor, Frank Billing, Stephen Masera, Sue Porretto and Vic Hansen. During the discussion of Docket No. 95-03, Sterling Minor explained this application is different from what the Board usually hears (variance requests to do something that • actively violates the Zoning Ordinance in order to add room etc.), because it is triggering some kind of penalty for a present situation, such as someone being forced to move because of outgrowing the space. It is really more than that. We have a structure that forever more will not be in compliance with the Zoning Ordinance unless the Board does something to make it comply or the structure gets torn down. The question is what interest is advanced if the variance is denied? Vic Hansen explained if the Board did not grant the variance and if the home was sotd, eventually with this clouding of the title, the structure would be torn down and you might end up with a house being built bigger than the planned remodel. Mr. Minor stated he felt there was a hardship in that there was a question whether the structure was usable in its present condition. Frank Billings made a motion to grant the variance to allow the structure to remain 1.9 feet in front of the setback line with the condition that the variance shall only apply to this house and if it were removed, the applicable front setback line would apply. This motion was seconded by Vic Hansen. Voting was unanimous. Members voting were Sterling Minor, Frank Billings, Sue Porretto, Stephen Masera and Vic Hansen. Steve Masera made a motion to approve the minutes from the October 20, 1994 • meeting with changes. Vic Hansen seconded the motion. Voting was unanimous. • Frank Billings made a motion to approve the minutes from the February 16, 1995 meeting. Sue Porretto seconded the motion. Voting was unanimous. Sue Porretto made a motion to adjourn the meeting. The motion was seconded by Vic Hansen. Voting was unanimous. The meeting adjourned at 8:37 p.m. CHAIRMAN ATTEST: SECRETARY ~J •