HomeMy WebLinkAbout02151965 ZBA Minutes
REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT
FEBRUARY 15, 1965
The Zoning Board of Adjustment convened in regular session at the
City Hall on Monday, February 15, 1865, 7:30 p.m., with the follaw-
ing members present: Chairman Snyder, presiding; members Frank,
Livermore and Murff. Mr. Whenthoff was absent.
The first case docketed was Case X65-1, the. request of Mr. Fred_L. Trube,
~ for a variance to allow him permission to construct a two-story resi-
~ Bence at~l-30 Kirby Drive with a 55-foot front setback, rather than
the established 20-foot setback requirement in this zone district. Mr.
~~
Trube appeared before the Board in behalf of his reques and presented
~, his plans for the residence. He stated that the reason he desires a
larger setback is that he cannot maneuver his house trailer enough to
park it in a garage on the rear of the property; thus, he desires to
place the carport on the front of the residence for this purpose to
extend to within 37 feet of the front property line. He also desired
the setback because of the excessive traffic on Kirby Drive, to be
further back from the street. He explained to the Board that he had
need of the two-car garage for parking his house trailer and one car,
and the carport for his other car, as he and. his wife both had cars.
He stated that the concrete apron was needed for parking the trailer
in the garage. He also explained that he desires to build near the
Village area so that when he and his wife retire, they will have no
transportation problem.
Mr. Snyder advised Mr. Trube that the Board would give full considera-
tion to his request when it wart into executive session after hearing
the other applications before the Board. Mr. Trube left the meeting
at this time.
The second case docketed was Case X65-2, the appeal from the decision
of the Building Inspector of Mr. James F. Warren, 290 Sunset, for
permission to cons ruc additional living quarters an his lot for the
use of his mother-in-law, inasmuch as she is elderly and unable to
care far herself alone. He stated that he had purchased this property,
thinking that he would be able to build additional living quarters far
her use, and that if he were not permitted to do so, it wculd be neces-
sary for him to sell the property.
Mr. Snyder advised Mr. Warren that to his knowledge, neither the city
nor the Board had ever departed from the interpretation that each lot
in the city is zoned for one single-family residence, and that if his
request were granted, it would constitute two single-family dwellings
on one lot which would be in direct violation of the zoning ordinance.
He told Mr. Warren that the Board would certainly give full cansidera-
tion t~ all aspects of the case in executive session, and that he could
not say what the decision of the Board would be, but was merely expres-
sing his own opinion an the matter. I~.r. Warren left the meeting at
this time.
L.~
The last case docketed was Case #65-3, appeal from the decision of the
Building Inspector of Mrs. M. G. Thacker, 3111 Georgetown, for per-
mission to tear .down the present garage and construct living quarters
for her mother, who is elderly and needs someone to care for her. She
stated that the living quarters would be converted back into a two-
car garage when they were no longer needed for her mother, and that
she would be willing to sign an affidavit to this effect.
Mrs. Thacker was advised that the Board would give full consideration
to all aspects of this case, in executive session, and Mr. & Mrs.
Thacker left the meeting at this time, as the Board members had no
further questions.
The Board considered the case of Mr. Fred Trube and his request for
permission for a 55-foot front setback from the property line for a
proposed two-store residence at 6130 Kirby Drive. After considerable
discussion, it was decided that a variance could not be granted in
this case, inasmuch as Section 2~+, paragraph 1 of the Zoning ordinance
number 111, allows only a 20-foot front setback in this district and
also the hardship suffered in this particular case, being a traffic
matter, is also shared by all the other lots adjacent. Motion by
Mr. Livermore, seconded by Mr. Frank, that the request of Mr. Fred
L. Trube for a variance of the setback regquirement on Lot 16,
Block 10, Virginia Court, be denied, inasmuch as the request does
not meet all seven requirements of a variance.
Voting Aye: Snyder, Frank, Livermore and Mux'ff
Voting No; None
The Board then gave consideration tc the case of Mr. James F. Warren
for permission to construct additional living quarters for his mother-
in-law at 290- Sunset.. It was the general concenstts of the Board that
this would be clearly in violation of the zoning ordinance 111, which
permits only one single-family dwelling on a lot. Motion by Mr. Murff,
seconded by Mr. Livermore, that the decision of the Building Inspector
be confirmed, inasmuch as the construction of additional living quarters
would definitely constitute a violation of the zoning ordinance, making
more than one single-family dwelling on the lot.
Voting Aye: Snyder, Frank, Livermore and Murff
Voting No: None
Consideration was then given to the request of Mrs. M. G. Thacker, 3111
Georgetown, for permission to construct living quarters in the space
now occupied by a double garage, for her mother's use, with the under-
standing that the living quarters would be converted back to a double
garage when they were no longer needed for her mother. It was decided
that tY~s request could not be granted, as it would constitute two
single-family dwellings on one lot which is a violation of the zoning
ordinance.
Motion by Mr. Murff, seconded by Mr. Livermore, that the decision of the
Building Inspector be confirmed, inasmuch as the construction of addi-
' tional living quarters would constitute more than one single family
dwelling on this lot.
Voting Aye: Snyder, Frank, Livermore and Murff
Voting No: None
With no further business to come before the Board at this time, upon motion
duly made, seconded and carried, the meeting was adjourned.
ATTEST:
~.
Secre ary
1
1
Chairrra n
1