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Home My WebLink About02211979 ZBA Minutes1'7 REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT FEBRUARY 21, 1979 The Zoning Board of Adjustment of the City of West University Place convened in regular session at the City Hall on Wednesday, February 21,.1979, 7:30 p.m., with the following members present: Chairman Wilkins, presiding; Members Billings, Commander, Doughty and Marshall. Chairman Wilkins ascertained from the secretary that notice of meeting had .been posted on February l6, 1979. Motion by Mr. Commander, seconded by Mr. Doughty, that Public Hearing to con- ~' sider an application docketed #79-4 filed by Matt Pasternak, 6544 Sewanee, for permission to remodel existing living quarters over a garage in the rear 20 ft. rear yard, be opened. Voting Aye: Billings Voting No: None Commander Doughty Marshall Wilkins Chairman Wilkins ascertained from the secretary that publication of notice of public hearing appeared in The Southwestern Argus on January 31, 1979 and notice to property owners mailed on the same. date. Mr. Wilkins introduced himself and gave location of his residence in the city followed by other members of the Board. Chairman Wilkins administered the oath to Mr. Pasternak and W. E. Perry, Building Inspector.. Mr. Pasternak presented drawings indicating that he proposes. to remodel and change the floor plan of existing living quarters over the garage into two. bedrooms, one bath and playroom. for his two daughters.. He said in applying for a permit from the Inspection Department he was. advised that the living area had never been per- mitted and there were no records on .file. showing its existence. The upstairs living area is connected. to the house by a covered stairway. Mr. Pasternak stated that he had no intention of adding to the structure,, except to change the roof line. The Board discussed .with. Mr. .Pasternak location of house on the lot, use of living area, plans for the connecting stairway and alternatives if application were. to be denied. It was also ascertained that the main dwelling consists of two bed- rooms and one bath.. W. E. Perry, Building Inspector, stated that when Mr. Pasternak applied for a per- . mit to remodel the structure, it was found that no permit had been issued for its construction, but apparently the living area had been there for many years and that his refusal to issue a permit was based on violation of the Zoning Ordinance which prohibits living area in the rear 20 ft. backyard. The following correspondence was read into the record: 18 "Please be advised that we are very much opposed to any addition to the garage apartment directly east of our property that would either enlarge or change the height. Only a driveway now separates the existing structure from our bedroom and to enlarge or heighten the existing structure would further enecroach on our visibility and privacy. Since our property will be most effected by the change, we sincerely ask the Board to refuse any change in the garage. apartment that would effect our property. We also have a garage apartment directly north and approximately three feet from our property which is now being rented. With such structures both north and east approximately three feet from our property line, we hope you can understand our concern. I will be out of town the time of the Board meeting. Thank you. /s/ Charles E. Knight 3510 Carnegie" Motion by Mr. Billings, seconded by Mr. Commander, that the Public Hearing be closed. Voting Aye: Billings Voting No: None Commander Doughty Marshall Wilkins Motion by Mr. Billings, seconded by Mr. Commander, that the Public Hearing to consider application. docketed #79-5 to allow placement of support posts for a carport on an existing slag extending approximately one foot seven inches into the side setback, be opened. Voting Ayer Billings Voting No: None Commander Doughty Marshall Wilkins The Chairman ascertained from the secretary that notice had been published in The Southwestern Argus and letters to property owners mailed on January 31, 1979. Mr. Wilkins introduced himself and gave location of his residence in the city followed by other members of the Board. Chairman Wilkins administered the oath to Mr. Carameros, Mr. Raymond Jarl, and W. E. Perry, Building Inspector. Mr. Carameros advised that when he purchased the property the garage was in such a dilapidated condition that he was told by the Inspection Department that it would have to be repaired or demolished and that after investigation of prices to repair and with no guarantee on .repairs he demolished the garage leaving only a small shed on the rear for temporary storage and now proposes 19 to construct a carport on the existing slab. On application to the Building Inspector he was advised that he could not place the support posts for the carport on the existing slab as it in violation of .the Zoning Ordinance in that it extended into the three foot side setback. He also stated that if he extended the carport sideways the gas meter and probably gas lines would have to be moved. Mr. Raymond L. Jarl, 2721 Pittsburg, agreed that the garage was in very bad shape and an eyesore to neighbors and that he lives directly east of the pro- perty and had no objection to the carport being constructed on the existing slab. ~. W. E. Perry, Building Inspector, stated that permit had. been denied because the placing of the posts on the existing slab would violate the Zoning Ordinance requirement that no structure shall be built in the three foot side setback. During discussion it was pointed out that a large number of the garages in that area were in violation of the setback requirement having been constructed ~ either prior to the zoning ordinance or otherwise allowed. Mr. Carameros was also advised that the proposed shed building on the rear would be in the five foot rear easement and. if allowed it would be at-his expense if the city or utility companies had to go into the easement for repairs. Motion by Mr. Billings, seconded by Mr. Doughty, that public hearing be closed. Voting Aye: Billings Voting No: None Commander Doughty Marshall Wilkins The Board reviewed plans submitted by Mr. Pasternak and discussed changes he proposes to make, noting that no additin or square footage is-involved. Motion by Mr. Doughty, seconded by Mr. Billings, that application docketed #79-4 fot permission to remodel existing garage living quarters attached to the main dwelling over the garage be approved subject to compliance with all build- ing setback requirements, building code, or other governing ordinances, whether or not herein specified, for any subsequent construction, including electrical, plumbing, heating and air conditioning and stairway construction. Voting Aye: Billings Voting No: None Commander Doughty Marshall. Wilkins The Board reviewed proposed plans from Mr. Carameros. Motion by Mr. Billings, seconded by Mr. Commander, that application docketed #79-5 to permit placement of posts for a carport on an existing slab extend- ing into the three foot side setback be denied because the applicant failed to show he has a hardship other than monetary hardship which does not meet criteria for showing undue hardship. 20 Voting Aye: Billings Voting No: Marshall Commander Doughty Wilkins The Board discussed enforcement of decisions from the Zoning Board of Adjust- ment by the city and prepared the following recommendation for the attention of the City Commission:. "There have been a number of Code violations which have come before the Zoning Board of Adjustment in which it has been found, after hearing, that variances should not be granted, yet the structures have been allowed to remain. The Zoning Board of Adjustment is concerned and would respectfully recommend that the city take action against code violations after giving the propserty owners the normal ninety days notice to correct the code violations, and further that notice of violation be made of record in the real property records to prevent sale without notice before the violations are corrected." Minutes of the regular meeting of the Zoning Board of Adjustment on January 17, 1979 were appro~ed as submitted. With no further business to come before the ..Board, upon motion duly made, second- ed and carried, the meeting adjourned at 9:45 p.m. ATTEST: ~~ ecretary hairman