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HomeMy WebLinkAbout09201978 ZBA Minutes3 1 ~1.J r REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT SEPTEMBER 20. 1978 The Zoning Board of Adjustment cor_vened in regular session at the City 'Hall on Wednesday, September 20, 1978, with the following members present: Chairman Wil- kins, presiding, Members Billings, Commander~Doughty and Marshall. Alternate members Burge and Cummings were also present. Chairman Wilkins ascertained from the secretary that proper notice of meeting had been posted. Motion by Mr. Billings, seconded by Mr. Commander, that Public Hearing to con- sider an application docketed 78-8 filed by Paul S. McDonald, 5426 Buffalo Speed- way, for permission to leave a previously constructed carport structure which extend 3 ft. into the side setback. for garages and/or carports, be opened. Chairman Wilkins ascertained from the secretary that Notice of Public Hearing had been published in The :Southwestern Argus on August 23, 1978 and that Notices to Interested Property Owners were mailed on August 23, 1978. Voting Aye: Billings Voting No: None Commander Doughty Marshall. Wilkins 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. and Mrs. Paul S. McDonald, Mr. and Mrs. Bill Givens and Mr. Don Parker. Mr. and Mrs. Parker explained to the Board that Mr. Parker, who was the contractor on the structure, discussed .with Wayne Perry, Building Inspector, constructing an automatic garage door opener in line with the fence on the property line and was advised he could do this if it did not go over 6 ft. in height. After further con- sideration with Mr. and Mrs. McDonald, they set the "gate" back even with the building line of the residence and did not know that this was in violation of the Zoning Ordinance. Mr. Perry subsequently advised that this was in violation of the Zoning Ordinance in that it required that garages or carports must be set back 10 ft. from the side property line. In the event the "gate" or structure was across even with the fence it would have to be only 6 ft. in height. .They stated they would have to stop their cars on-the street to manually open another type door, that cars would not go all the distance .into their garage. Questioning from members of the Board elicited the facts that the structure is not intended as a carport but as a structure for the overhead door; that it would be very unsightly if it was not covered, that if it was moved 3 ft, back they could not get their cars into the garage; that the garage cannot be fixed so that cars can go in it because part of the garage has been enclosed for a work room and part of it used for a utility and storage room; that there is no rear ingress or egress to the garage but one door on side towards house; that they were not aware the cars would not go .into the garage when they bought the property in 1977; and that other type methods for closure had been investigated but proved either too expensive or unsatisfactory. 4 Chairman Wilkins administered the oath to Wayne Perry, Building Inspector. Mr. Perry stated that Mr. Parker discussed with him attaching the gate to the fence and on the fence line to close the garage side and he was advised that it would have to be 6 ft. in height. The structure as constructructed was not put on the fence line, is 9 ft. in height and is in violation of the Zoning Ordinance which requires that a garage or carport must be 10 ft, from the side property line. Motion by Mr. Billings, seconded by Mr. Doughty, that Public Hearing be closed. Voting Aye: Billings Voting No: None Commander Doughty Marshal l Wilkins Motion by Mr. Doughty, seconded by Mr. Billings, that Public Hearing to consider an application docketed 78-9 filed by Brad Jackson, 3036 Robinhood, for permis- sion to place air conditioning units which would extend approximately 18 inches into the side setback, be opened. Voting Aye: Billings Voting No: .None Commander Doughty Marshall Wilkins Chairman Wilkins adminsitered the Oath to Mr. Jackson and Mr. Perry. Chairman Wilkins ascertained from the secretary that Notice of Public Hearing was published in The Southwestern Argus on August 28, 1978 and Notice to In- terested Property Owners mailed on August 30, 1978. Mr. Jackson stated that he desired to place two air conditioning units on the east side of his house and had been advised by the Inspection Department that they would extend approximately 18 inches into the side setback which was a violation of the Zoning Ordinance. He stated that he planned within the next two years to construct a two story addition on the back of his house and if he located the air conditioning units there they would have to be relocated when the addition was made and he probably would ask to have them placed on the side at that time there fore he was asking for the variance at this time to avoid future relocation. Mr. Jackson presented for the record a statement sighned by eleven residents in his area saying they did not object to the units being placed in the setback on the side. Wayne Perry, Building Inspector, stated that the Zoning Ordinance required that no structure be placed in the 3 ft. side setback. The Board members discussed with Mr. Jackson the type and size unit he anti- cipates installing and alternate locations for same. L C 5 Motion by Mr. Billings, seconded by Mr. Commander, that Public Hearing be .closed. Voting Aye: Billings Voting No: None Commander Doughty Marshall Wilkins In view of the fact that the four members of the Board who heard the original application docketed 78-7 scheduled for re-hearing at this time were all pre- sent, Mr. Marshall, Mr. WIlkins and Mr. Billings withdrew from sitting on the re-hearing and relinquished their positions to alternate members Cummings and Burge. Motion by Mr. Cummings, seconded by Mr. Burge, that re-hearing on application docketed 78-7, filed by Mrs. Diane Lindsay to enclose a front porch which ex- tends 4 ft. 10 inches into the front setback, be opened. Voting Aye: Burge Voting No: None Cummings Doughty Marshall Mr. Doughty was appointed to chair the re-hearing. Mr. Doughty reminded Mrs. Lindsay that she was still under oath. Mrs. Lindsay stated that she desired to enclose the porch to add an additional 212 sq. ft. to the house to have more livable space; that by enclosing the porch the living roon would be increased from 14'x16.6' to 16.1' x 19.6', the master bed- room increased from 10.5'x14' to 13'x14' and a study 8'x10' added. She also presented a letter from Lecia C. Griffith, Cummingham Associates, describing the structural condition of the house, a cost estimate showing enclosure of porch for $4,500 as compared to adding a den for $10,500, and a statement signed by eight of the area residents saying they had no objection to the porch being en- closed. Mrs. Lindsay also stated that she wanted to do a quality job, adding value to the City of West University Place, recoup her costs and eliminate afire hazard. Board members discussed with Mrs. Lindsay certain structural peculiarities of the house and she advised that the reason for desiring to enclose the porch was to provide more room and make it more livable for a family. Motion by Mr. Burge, seconded by Mr. Cummings, that public hearing be closed. Voting Aye: Burge Voting No: None Cummings Doughty Marshall All Board members agreed to have discussion and decision on rehearing docketed 78-7 at this time. Members sitting on this re-hearing reviewed material furnished by Mrs.. Lindsay and the opinion was expressed that there did not appear to be any new evidence not presented at previous hearing other than cost estimates. Motion by Mr. Cummings, seconded by Mr. Burge, that in view of the fact there was no new evidence presented supporting the .granting of a variance, that the Board sustain its earlier ruling and deny a variance be granted. Voting Aye: Burge Voting No: None Cummings Doughty Marshall Members of the Board reviewed application docketed 78-8 filed by Paul S. McDonald with regard to type of structure, alternatives and whether or not a hardship would be involved with a denial of the application. D4otion by Mr. Commander, seconded by Mr. Billings, that the application docketed 78-8 filed by Paul S. McDonald, be denied on grounds that literal enforcement of the Zoning Ordinance would not result in unnecessary hardship. During discussion Mr. Billings offered an amendment to the motion to clarify the application to state: "Inasmuch if this is a structure it is 3 ft. too close to setback and if it is a fence it is too high." Amendment was accepted by Mr. Commander. Voting Aye: Billings .Voting No: None Commander Doughty Marshall Wilkins Members of the Board reviewed application docketed 78-9 filed by Brad Jackson with regard to type of unit involved and alternatives open to Mr. Jackson. Motion by Mr. Doughty, seconded by Mr. Commander, that the application docketed 78-9 by Brad Jackson be denied on the grounds that lieteral enforcement of the Zoning Ordinance would not result in unnecessary hardship. Voting Aye: Billings Voting No: None Commander Doughty Marshall Wilkins Minutes of the regular meeting of the Zoning Board of Adjustment on July 19, 1978 were approved as submitted and minutes of the regular meeting of the Zoning Board of Adjustment on August 16, 1978 were approved as corrected. Upon motion duly made, seconded and carried, the meeting adjourned at 10:10 p.m. Chairman ATTEST: Secretar 1