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HomeMy WebLinkAbout12061973 ZBA Minutes~?.~' REGULAR MEETING OF ZONING BOARD OF ADJUS'T`MENT DECEMBER 6, 1973 The Zoning Board of Adjustment convened in regular session at the City Hall on Thursday, December 6, 1973, 7:30 p.m., with the following mem- bers present: Chairman. Dunn, presiding; members Hilton, Jahns and Wilkins. Alternate member Mike Casey had been designated to sit as an acting member in the absence of Mr. Johnson. Mr. Dunn announced that the Board would hold the Public Hearing called for this date and hour to consider an application bearing Docket No. ,~ 73-6, filed by Mr. W. B. Whenthoff, 2803 University Boulevard, and that ~ the application bearing Docket No. 73-7, filed by Mr. Jack Barber, x+235 ~ Riley had been withdrawn. Mr. Dunn requested that the Board Secretary ,~ read the Notice of Public Hearing. (~ Motion by Mr. Wilkins, seconded by Mr. Hilton, that the Public Hearing was now open to consider an application filed by Mr. W. B. Whenthoff for the establishment of a 20' front setback on a sub-divided lot. Voting Aye: Hilton Voting No: None Jahns W]~kins Casey Mr. Dunn introduced all members of the Board and the Board Secretary. Mr. Dunn ascertained from the secretary that Notice of Public Hearing was published in the Southwestern Argus on November 21, 1973, and that notice was mailed to all property owners within a 200' radius of the property in question on November ~, 1973, thereby fulfilling all legal requirements for the Public Hearing. Mr. Dunn administered the Oath to Mr. Whenthoff. Mr. Whenthoff stated that his original lot fronting on University Blvd. was 100' x 220' and that on September g, 1965 the Zoning and Planning Commission sub-divided the lot into two lots, one 70' x 100' to front on Wakeforest and one 100' x 150" fronting on University Blvd. Mr. Whenthoff further stated that inasmuch as the newly created lot-was 70' x 100' he was of the opinion that the front setback would be 20' be- cause of lot size, whereas other lots in the area were much larger and had a setback of 30' on the front, with one possible exception. Mr. Whenthoff advised that he expected difficulty when he tried to sell the property without an established building line that would be suitable for construction purposes. Mr. Whenthoff was asked if the sale of the property was dependent upon the establishing of a front building line and if he would experience a financial problem unless such line was established. Mr. Whenthoff stated that he was confident that a potential purchaser would want an established building line and he would experience some financial problems in the sale of the lot. Motion by Mr. Wilkins, seconded by Mr. Hilton, that the public hearing be closed. Voting Aye: Hilton Voting No: None Jahns Wilkins Casey Mr. Whenthoff left the meeting at this time. Discussion of the application indicated that there was sufficient build- ing space on the lot with a thirty (30) foot setback as already estab- lished on the other lots in the block fronting on Wakeforest Street. Discussion then led into the question as to the ability of the Board to establish front setback line on property on which no application for a permit had been made and no plans formulated for construction. After careful deliberation it was the decision of the Board to telephone the City Attorney for his opinion on the Board's ability to rule on the app- lication. Chairman Dunn left the meeting to telephone the City Attorney. Mr. Dunn reported that the City Attorney said that he does not feel that the Board has anything on which to base an interpretation inasmuch as there has been no application. which has been denied and no request for a setback which has been turned down, and until such time as an applicat- ion has been made and turned down by the Building Inspector, the setbacks as set forth in the Zoning Ordinance prevail. Motion by Mr. Wilkins, seconded by Dr. Jahns, that the application be tabled until such time as a building permit has been denied by the Build- ing Inspector and the property owner advised that if he so desires to make application for a building permit and it is denied there-will be a basis for reconsideration by the Zoning Board of Adjustment. Voting Aye: Casey Voting No: None Hilton Jahns Wilkins Minutes of the regular meeting of the Zoning Board of Adjustment on Oct- ober 18, 1973, were approved as submitted. With no further business to come before the Board at this time, upon motion duly made, seconded and carried, the meeting adjourned. f." ,1`f' /' / , . ~ ~,ti----_.. -*--. C 'airman ATTEST: Secre ary