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HomeMy WebLinkAbout09191973 ZBA Minutes REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT - v - SEPTEMBER 19. 1973 The Zoning Board. of Ad~ustznent convened in regular session at the City Hall on Wednesday, September 19, 1973. 7:30 p.m., with ~h~ following members present: Chairman Dunn, presiding; members Johnson and Wilkins. Alternate members Mike Casey and, W. J. Wissell had. been designated to sit as acting members in the absence of Mr. Hilton and Dr. Jahns. Mr. Dunn announced. that`the Board. would. hold the Public Hear- d"~ ing called. for this date and. hour to consider an application ~ bearing Docket No. 73-5. filed by Mr. Lawrence Ragusa, 4231 `~ Amherst. Mr. Dunn requested. that the Board. Secretary read. the. ~ Notice of Public Hearing. Motion by Mr. Johnson, seconded by Mr. Wilkins, that the Public Hearing was now open to consider an application filed. by Mr. Lawrence Ragusa for permission to enclose a 4x5' existing front porch. Voting Ayes Johnson Voting Nos None Wilkins Casey Wissell Mr. Dunn introduced. all members of the Board. and the Build.inR Inspector, Mr. J. D. Allstott. Mr. Dunn ascertained. from the secretary that Notice of Public Hearing was published in the Southwestern Argus on September 5, 1973. and that notice was mailed. to all property owners within a 200' radius of the property in question on August 30, 1973. thereby fulfilling all legal requirements for the Public Hear- ing. Mr. Dunn Administered the -0ath to the followings Mr. Lawrence Ragusa, 4231 Amherst Mrs. Lawrence Ragusa, 4231 Amherst Mr. L. A. Gunn, 4230 Amherst Mrs. C. C. Arrington, 4218 Amherst Building Inspector, J. D. Allstott Mr. Ragusa stated that it was their desire to improve their property by having Wellstone Company install stone siding to the entire house and inasmuch as -they had never been able to use the front entrance of the house it was their desire to enclose a 4~x5~ concrete stoop with an overhang to be used as an entranceway into the house. Mrs. Ragusa stated. that they wanted. to enclose the porch in order to have a foyer so that they would. not come directly into the living room and. would. get more benefit out of the entranceway. Mr. L. A. Gunn, 4230 Amherst, stated. that he lived. directly across the street from Mr. & Mrs. Ragusa and. thought that the improvements being made to the property would. benefit the entire neighborhood.. Mrs. C. C. Arrington stated. that she was in favor of the pro- perty improvement by Mr. and Mrs. Ragusa. Mr. Dunn read. a letter received, from Mr. Adrian Adair, 6222 Community Drive stating that he supported. the request of Mr. L. J. Ragusa to enclose his porch. Building Inspector, J. D. Allstott, advised. the Board, that the porch extended. into the front setback 3'6" thereby violating the Zoning Ordinance and requiring that he refuse to issue a permit for the enclosure. ,Mr. Allstott stated that actually the porch was a 4'x5' concrete stoop with an overhang sup- ported by two ornamental iron posts and. had.. been completely closed in with exception of the door and. could remain in its present condition and. not., be a violation.; In response to a question regarding the lack of a permit when construction was begun, Mr. Allstott advised that this was not unusual and that he dust closed. the fob until Mr. Ragusa': re- quest could. be presented to the Zoning Board. of Adjustment. Mr. Allstott also advised the Board. that the difference in the actual measurements into the front setback and. the measure- ments used by Mr. Ragusa in his application to the Board. was a result of Mr. Ragusa measuring from the sidewalk rather than: using the property Line which is inside the sidewalk.. Each member of the Board stated that they had been by to see- the house and. were. aware of Mr. Ragusa': desire with regard to closing the porch. In reply to a question Mr. Ragusa stated. that he had lived in the house for seventeen years. Motion by Mr. Johnson, seconded by Mr. Casey, that the Public Hearing be closed: Voting Aye: Casey Voting No: None Johnson Wilkins Wissel Following a discussion with regard to the Ragusa's having owned. the property for seventeen years; the general appearance of the entire neighborhood. and its need. for improvements; and. the appearance of neighbors to support the application, the following action was taken by the Board.. 14:- r d'+ ?~ 00 1 ~~ Motion by Mr. Casey, seconded by Mr. Johnson, that the hereto- fore permit be granted, in this.. special case in order to allow the existing 4~x5~ front porch to be enclosed for use as an entranceway, since in the view of the Board, the basic use of the area .would. continue to be the same as before this improve- ment, which is essentially that of a porch. In addition, the Board in discussion has concluded. that this permit should be granted in order to observe the spirit of the ordinance and obtain substantial justice not contrary to the public interest. Voting Aye: Casey Voting No: None Johnson Wilkins Wissel With no further business to come before the Board, at this time, upon motion duly made, seconded and carried, the meeting was adjourned. _j °'` ~~ -~ Chairman ATTEST: ~ . ,£ / ~~~ ~ ~~~~ Secretary