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HomeMy WebLinkAbout01171979 ZBA Minutes12 REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT JANUARY I7, 1979 The Zoning Board of Adjustment of the City of West University Place convened in regular session at the City Hall on Wednesday, January 17, 1979, 7:30 p.m., with the following members present: Chairman Wilkins, presiding; Members Billings, Doughty and Marshall and Alternate member Burge had been designated to sit as a member in the absence of Mr. Commander. Chairman Wilkins ascertained from the secretary that notice of meeting had been posted on January 12, 1979. Motion by Mr. Burge, seconded by Mr. Billings, that Public Hearing to consider an application docketed 79-1 filed by Wilford L. Kimble, 6728 West Point, for permission to construct a two car garage .extending approximately five feet into the side setback, be opened. Voting Aye: Billings Voting No: None Burge. Doughty Marshall Wilkins The Chairman ascertained from the secretary that Notice of Public Hearing had been published in The Southwestern Argus on December 27, 1978 and that Notices to Interested Property Owners were mailed on December 26, 1978. Mr. Wilkins introduced himself and gave the location of his residence in the city followed by other members of the Board. Chairman Wilkins administered the oath to Mr. Kimble and W. E. Perry, Building Inspector. Mr. Kimble presented plans for the .proposed construction, showing that Cason St. on which the carport would front, is a dead-end street and that his residence is adjacent to the Y.M.C.A. parking lot and an office building. He stated that seve- ral months ago who had presented a similar plan to the Board., except. that the pre- vious pla called for living quarters. over the garage, and that the Board had approv- ed his application with the condition that building permits be secured within ninety days after approval. Due to problems with a contractor, he was unable to fulfill this condition and had worked with another architect and contractor on the present plans. Discussion with Mr. Kimble concerned size of garage (27'x27')_, use, carport now 10- cated where garage will be constructed, area to be concreted. Mr. Wilkins read the following correspondence received in connection with the appli- cation: "We agree that Mr. W. L. Kimble should be allowed to build his 2 car garage." Mrs. George A. Decker 4148 Cason" 13 Building Inspector W, E. Perry advised the Board that Mr. Kimble's application for a permit had been denied. because the. Zoning Ordinance requires that a garage be located not less than 10 (10) feet back from street line, and plans pre- sented indicated a proposed five (5) feet back from Cason St. Motion by Mr. Billings, seconded by Mr. Burge, that Public Hearing be closed. Voting Aye: Billings Voting No: None Burge Doughty Marshall Wilkins Motion by Mr. Doughty, seconded by Mr. Burgess, that. Public Hearing to consider an application docketed 79-2 called for 8:00 p.m. and filed by Carol Garnett, for permission to leave poles for support of an arbor patio cover within approximately 18 inches of the rear property line, be opened. Voting Aye: Billings Voting No: None Burge Doughty Marshall Wilkins The Chairman ascertained from the secretary that. Notice of Public Hearing had. been published in The Southwestern Argus on December 27, 1978 and that Notices to Interested Property Owners were mailed on December 26, 1978. Mr. Wilkins introduced himself and gave the location of his residence in the city followed by other members of the Board. Chairman Wilkins administered the oath to Ms. Garnett and W. E. Perry, Building Inspector. Ms. Garnett stated that the arbor/patio cover had been. constructed by her father and herself over an existing concrete patio which had been there when she pur- chased the property and she understoo had been there for years. During the discus- sion with Ms. Garnett, it was ascertained .that the cover is not attached to the house and the support poles in question are in a flower bed and that the poles near the house are directly on the concrete. Members discussed with Ms. Garnett utilities in the easement and she stated she realized that should repairs and/or maintenance be needed in the easement that-the cover and/or any other obstructions in the easement would have to be removed at her expense. It was also pointed out that an existing portion of the patio extends over a portion of the entire ease- ment and that the rear west corner of the attached garage is witthin 5.6 feet of the rear property line. Mr. Wilkins read the following correspondence received in connection with the application: "We will not be able to attend the hearing concering Carol Garnett's patio cover but would like to vote that she be granted the variance." Mr. and Mrs. Michael Lonsford 3704 Wroxton" 14 Building Inspector W. E. Perry advised the Board that Ms. Garnett's application for a permit had been denied because the Zoning Ordinance provides that no building or structure shall be constructed or erected within three feet of the rear or side property lines, and that the supporting poles for this cover are within eighteen inches of the rear property line. Motion by Mr. Doughty, seconded by Mr. Burge, that the Public. Hearing be closed. Voting Aye: Billings Voting No: None Burge Doughty Marshall Wilkins Motion by Mr. Doughty, seconded by Mr. Marshall, that Public Hearing to con- sider an application docketed 79-3 called for 8:30 p.m. and filed by John W. Sasser, 6628 Vanderbilt, for the installation of an outside unit for central heat and air conditioning within the three foot side setback, be opened. Voting Aye: Billings Voting No: None Burge Doughty Marshall Wilkins Mr. Sasser roughly sketched his property showing the location of the house and the unit which has been set within one foot of the side property line and said that he and his wife planned an addition to the rear of the house and it would be expensive to place it in the rear and then have to move it at a later date. In discussion with Mr. Sasser it was determined that the planned addition would not be done until at least Spring after next; that if placed on the rear towards the driveway the units would obstruct a sidewalk from the house to the garage; that there are two units; and there is approximately fifteen feet from the adjacent house to his property line. After inquiring as to the purpose of this requirement he was advised that it was interpreted to be .for open space and safety between homes in the event of fire and/or police protection and to guard the public interest. At Mr. Sasser's request he was shown the requissites for granting a vatiance and in reviewing them he stated he felt he qualified for most of .the requirements. Mr. Wilkins stated that an unsigned letter had been left with the secretary before the meeting concerning this application. Motion by Mr. Marshall, seconded by Mr. Burge, that anonymous communications not be put in record. No vote was taken. During discussion it was the decision of the members that it would be noted received but not read into the record. Building. Inspector W. E. Perry advised the Board .that Mr. Sasser's application to leave. these units in the setback was denied because the Zoning Ordinance pro- 15 vides that no building or structure shall. be constructed or erected within. thee feet of-the rear or side property lines, and that the units are within one foot of the side property line. Motion by Mr. Billings, seconded by Mr. Burge, that Public Hearing be closed. Voting Aye: Billings Voting No: Nonw Burge Doughty Marshall Wilkins Motion by Mr. Doughty, seconded by Mr. Marshall, that application docketed 79-1, filed by Wilford Kimble, to demolish existing carport and construct a two car garage within five feet of the side setback, be approved. .Voting Aye: Billings Voting No: .None Burge Doughty Marshall Wilkins Motion by Mr. Burge, seconded by Mr. Marshall, that application docketed 79-2, filed by Ms. Carol Garnett, to leave supporting patio cover poles in rear setback be approved. Mr. Billings offered an amendment to the motion that the application be approved on condition Ms. Garnett agrees, in writing, that if requested by an utility, or the city, the offending structure will be removed at her expense, that no further encroachments will be made, and that such agreement be made of record. Mr. Burge accepted the amendment and the following vote was made on the amended motion. Voting Aye: Billings Voting No: None Burge Doughty Marshall Wilkins Motion by Mr. Billings, seconded by Mr. Doughty, that application docketed 79-3, filed by John W. Sasser, for instllation of heating and air conditioning units in the side setback within one foot of the property line, be denied, since Mr. Sasser has a number of alternatives in which to place his air conditioning units and no undue hardship is shown. Voting Aye: Billings Voting No: None Burge Doughty Marshall Wilkins i6 Motion by b1r. Marshall, seconded by Mr. Billings, that in view of the fact that the Board has seen a number of instances where air conditioning units were placed in violation because no drawings were presented to the Building Inspecotr, it recommends that drawings be required for installation of air conditioning units showing proposed location at the time contractor or home owner applies for permit from the Inspection Department.. Voting Aye: Billings Voting No: .None Burge Doughty Marshall Wilkins Minutes of the regular meeting of the Zoning Board of Adjustment on November 15, 1978. were presented to the Board for consideration and approved as sub- mitted. With no further business to come before the Board, upon motion duly made, seconded and carried, the meeting adjourned at 9:30 p.m. Chairman ATTEST: Sec etar i~ I~