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HomeMy WebLinkAbout05171978 ZBA Minutes REGULAR MEETING ZONING BOARD OF ADJUSTMENT May 17, 1978 The Zoning Board of Adjustment convened in regular session at the City Hall on Wednesday, .May 17, 1978, 7:30 p. m., with the following members present: Chair- man Wilkins, presiding;- members Billings, Commander and Marshall. Alternate member Burge had been designated to sit as a member in the absence of Mr. Doughty. Alternate member Cummings was absent. Mr. Wilkins requested that the Board Secretary read the Notice of Public Hearing. Motion by Mr. Billings, seconded by Mr. Commander., that the Public Hearing was now open to consider an application Docketed 78-3, filed by Mr. Bob Arceneaux, 4111 Albans Road, for permission to construct a double carport on the southwest. corner of his lot, which would constitute. construction in excess of the permitted 40% rear coverage. Voting Aye: Billings Voting No: -None Burge Commander Marshall Wilkins Mr. Wilkins introduced himself and gave the location of his residence in the city, followed by other members of the Board. Mr. Wilkins ascertained from the secretary that Notice of Public Hearing had been published in-the Southwestern Argus on Wednesday, May 3, 1978, and that notice had been mailed to all property owners within a 200' radius of the property in question on May 5, 1978. In accordance with the .provisions of Article 6252-17, V.A.T.C.S. notice was posted on the City Hall bulletin board on May 12, 1978. Mr. Wilkins administered the Oath to Mr. Arceneaux, Mr. W. B. Griffin, 4115 Albans Road and Building Inspector Wayne Perry. Mr. Arceneaux advised the Board. that some few years ago he took an existing 204 square foot garage and turned it around on the lot for use as a recreation room, and that he had been advised by the Inspection Department that construc- tion of the proposed 270 square foot carport would constitute more than the permitted 40% coverage of the rear 20' of the lot. Mr. Arceneaux also stated that the property was for sale at this time, and that the prospective purchaser had requested that he appear before the Board to re- quest a variance for construction of the carport, but that approval of the re- quest was not a contingency for the sale of the property. Mr. Arceneaux presented a sketch showing the location of the proposed carport utilizing an existing concrete slab which would be widened if the request was granted. Mr. Griffin advised. the Board that. it has hoped that the Board would grant the variance because Mr. Arceneaux had. done much to improve property that was used as rental property for many years. Mr. Griffin also stated that locating the proposed carport on the existing concrete slab would make the carport line up with his garage located on the adjacent lot, and that he was the only neighbor that Mr. Arceneaux had on that side of the street. Mr. Wilkins read the following letter that had been received regarding the ap- plication: Committee: I would like to see the building code revised, as I want to make additions to my home that would exceed the current codes. I'did not attend tonight due to food poisioning. If you have any questions, please feel free to call. Sharon. Smith 4123 Albans Road Building Inspector Perry advised the Board that Mr. Arceneaux'a application for a building permit had been denied inasmuch as the proposed 270 square foot carport, together with an existing 204 square foot building would exceed 40% coverage of the rear 20 foot area. In response to questions regarding a definition of "rear yard" as contained in Section 24 (2) which states, "the minimum depth of such rear yard 'shall be twenty (20) feet" and Section 26 (3) which states, "A building and any accessory building erected on the same lot shall for the purpose of side and rear yard requirements be considered as a single building, except that a pri- vate garage, or other accessory building not over twenty-five (25) feet in height may occupy .not to exceed forty (40) percent of the rear yard. area. Mr. Perry stated that the question of what constituted the rear yard area had been controversial for-many years. Mr. Perry stated further that a number of years ago a Zoning and Planning Commission recommended that rear yard be defined as the rear twenty (20) feet of a lot and that such area could not be covered. in excess of 40%, and such recommendation had subsequently been used. by the Inspection Department as a basis for its coverage requirements. Motion by Mr. Billings, seconded by Mr. Marshall, that the Public Hearing be closed. Voting Aye: Billings Voting No: None Burge Commander Marshall Wilkins Motion by Mr. Billings, seconded by Mr. Marshall, that the Zoning .Board of Adjustment interprets the Code of Ordinances in such way that when the Code refers to rear yard, the Code means that portion of the yard measured from the rear most part of the dwelling to the back of the property, but not less than twenty (20') feet. Voting Aye: Billings Voting No: None Burge Commander Marshall Wilkins Motion by Mr. Marshall, seconded by Mr. Billings, that the application Docketed 78-3, filed by Mr. Bob Arceneaux, for a permit for the construction of a double carport on the southwest corner of his lot be approved because denial of the application would create a hardship by requiring the parking of an automobile on a narrow street. Voting Aye: Billings Burge Commander Marshall Wilkins Voting No: None Motion by Mr. Billings, seconded by Mr. Burge,. that minutes of the regular meeting of the Zoning Board of Adjustment on March 15,-1978, be approved as submitted. Voting Aye: Billings Noting No: None Burge .,~ Commander r d-I Marshall ~ Wilkins ~ During a general discussion prior to adjournment it was the decision of members of the Board to utilize time allotted for a regular meeting., for which a Public Hearing has not been docketed, to further discuss a recom- mendation to the City Commission for amendments to the Zoning Ordinance defining "rear Yard", "porches", decks" and other areas that need clarifi- cation for the benefit and enforcement of the Inspection Department. With no further business to come before the. Board at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:30 p.m. 1 Chairman ATTEST: Secretary J