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..
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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.
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Chairman
ATTEST: ~
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Secretary