HomeMy WebLinkAbout03211974 ZBA Minutes
REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT
MARCH 2T , 197+
The Zoning Board of Adjustment convened in regular session at the City
Hall on Thursday, March 21, 197, 7:30 p.m., with the following members
present; Chairman Dunn, presiding; Members Hilton, Jahns and Johnson.
Alternate members CaGey and Wissel were also in attendance. City
Attorney Charles Cockrell had been invited to meet with the Board to
answer questions with regard to public hearings that had been held and
decisions that had been rendered.
Mr. Cockrell stated that one of the questions submitted to him was in re-
ward to inGtances where construction was done without a permit and subse-
quently found to be in violation of the ordinance by the Inspection De-
partment. Mr. Cockrell stated further that if the construction was in
violation of the terms and provisions of the ordinance it was his opinion
that the Building Inspector would have the authority to file charges in
Municipal CBurt or ask that injunctive action be taken Against tie citi-
zen in a civil proceeding. If the citizen desired a hearing before the
Board he could be required to remove the violation prior to a hearing or
a hearing could be held on the case as it exists if the Board was agreeable.
In response to a question as to whether or not there was a statute of
limitations on such violations, Mr. Cockrell stated that there was not.
He .further stated that the Zoning Ordinance did not have a phase-out
period for non-conforming uses.
In response to a question with regard to it being essential to grant a
variance, if all seven (7) elements required have been met, Mr. Cockrell
advised that if there is some reservation about granting a variance, there
must be some reservation as to whether or not all elements have been met.
Mr. Cockrell further advised that the Board would have to use its dis-
cretion in a decision as to whether or not a "hardship" existed in a
specific case.
Following a discussion with regard to the ordinance being confiscatory
in condemnation proceedings, Mr. Cockrell stated that it was his belief
that a court would uphold any ruling of the Board if a full hearing had
been held on the case, and the facts presented, a situtation in which
reasonable minds could differ.
Mr. Cockrell reviewed the requirements that must be met before the Board
can act on an application, stating that in the event the Board agreed
among themselves that all requirements had been. met, a variance should
be granted.
In response to a question regarding the request made on the application
not being th same (interpretation of the Zoning Ordinance or map, vari-
ance or exception) Mr. Cockrell stated the Board would have to make a
decision as to what relief the applicant was seeking.
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~Mr. Cockrell advised that the Board, in his opinion, if a variance was
granted to an applicant the minutes should reflect that a full hearing
was held; that a variance had been granted and the reasons therefor, but
not in .too much detail.
In response to a question as to the necessity of explaining at a public
hearing the powers of the Zoning Board of Adjustment (the kind of action
the Board can take) Mr. Cockrell stated that it was his opinion that it
would be good public relations to do so. Mr. Cockrell advised that a
statement could be made to the effect that the Board reviews all items
that are necessary for a decision to be reached, and if a decision is
reached to grant a variance a statement to that effect should be made.
Motion could be "I am of the opinion that these people have met all
elements of a variance and that- and be permitted to do
and ", _"
Mr. Cockrell reviewed both "exception" and "interpretation" giving the
Board his opinion as to the difference in which each such application
should be handled.
In reply to a question as to the things peculiar to the property, Mr.
Cockrell stated that the property could be peculiar by virtue of its
shape, drainage, etc., however, improvements would not make a lot
peculiar.
Mr. Cockrell advised the Board that it was a fact finding body, it finds
that certain facts exist, and having found that these facts exist, the
`~ Board is entitled to grant a request within the framework of the Statutes.
With no further questions of the City Attorney, upon motion duly made,
seconded and carried, the .meeting ad.iourned at 9:50 p.m.
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Secretary
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