HomeMy WebLinkAbout04041974 ZBA Minutesf ~ ~
REGULAR. MEETING OF ZONING BOARD OF ADJUSTMENT
APRIL ~+, 197+
The Zoning Board of Adjustment convened in regular session at the City
Hall on Thursday, April ~+, 197+, 7:30 p. m.,with the following members
present; Chairman Dunn, presiding; members Hilton, Jahns, Johnson and
Wilkins. Alternate members Casey and Wissel were also present.
Mr. Dunn announced that the Board would hold the Public Hearing called
for this date and hour to consider an application bearing Docket No. 74-3,
filed by Mr. Steven L. Frakes, 2802 Sunset Boulevard.
Mr. Dunn requested that the Board secretary read the Notice of Public
Hearing.
Motion by Mr. Johnson, seconded by Mx. Hilton, that the Public Hearing
was now open to consider an application filed by Mr. Steven L. Frakes
for permission to enclose an existing front porch and to construct a
carport in front of an existing garage.
Voting Aye; Hilton Voting No; None
Jahns
Johnson
Wilkins
Dunn
Mx'. Dunn introduced all members of the Board, the Building Inspector and
his Assistant and the Board Secretary.
Mr. Dunn ascertained from the secretary tha Notice of Public Hearing was
published in the Southwestern Argus on Wednesday, March 20, 197+, and No-
tice was mailed to all property owners within a 200' radius of the pro-
perty in question on March 20, 197+, thereby fulfilling all legal require-
ments for the Public Hearing.
Mx. Dunn administered the Oath to Mr. Frakes, Mr. Allstott, M,r. Perry and
Mr. Virgil P. Hammerle, 281E Sunset.
Mr. Frakes advised the Board that he and his wife had two year old twin
boys and were expecting another child in May and were in desperate need
of yard area for them. Mr. Frakes presented sketches showing that he
proposed to enclose his front porch as an entryway into the living room,
using rough cedar for the front of the house to tie. into a fence on the.
side property line, creating a courtyard area. Mr. Frakes' sketches in-
cluded plans to construct a carport in front of an existing garage with
the support posts being located on the property lines.
Mr. Allstott advised the Board that the original developers of the pro-
perty penalized all other builders by using a 25' front setback rather
than the 20' setback required on lots having a depth of 110 feet or' less.
Mr. Allstott also stated that a;<permit for a construction of the carport
had been denied inasmuch as the Zoning Ordinance required that no building
or structure of any kind shall be constructed or erected with three (3}
feet of the rear and inside property lines and within five (5) feet from
any street lot line.
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Mr. Hammerle advised the Board that he had no objections to the pro-
posed construction and thought that the house would look much better.
Mr. Frakes stated that construction of the carport would give them addi-
tional storage space, but that if he could be granted permission to do
only one, he preferred the entryway.
Motion by Mr. Johnson, seconded by Mr. Hilton, that the Public Hearing
be closed.
Voting Aye; Hilton
Jahns
Johnson
Wilkins
Dunn
Voting No: None
Mr. Dunn read a letter received from Mr. Ralph Walton, 2736 Sunset, stat-
ing that he had no objections to Mr. Frakes planned construction.
Mr. H. L. Collins, 280+ Nottingham, arrived at the meeting late, but
stated that he would like to request that the Board approve Mr. Frakes'
application inasmuch as it would improve the neighborhood and they were
a nice young couple, with small children that needed the area to play.
The Board discussed the provision of the Zoning Ordinance which requires
that ~f twenty-five percent (25~) of a block frontage is improved with
buildings, the front yard shall extend to the alignment of such existing
buildings; the extension of second floor overhangs beyond the 25' front
setback line; and their ability to grant an interpretation of the Zoning
Ordinance in this case.
Motion by Mr. Johnson, seconded by Mr. Hilton, that inasmuch as the Board
feels that the application is within the spirit of the ordinance that
the application filed by Mr. Steven L. Frakes for enclosing the existing
front porch as outlined in his sketches, be granted as an interpretation
of the Zoning Ordinance on the part of the Board.
Voting Aye; Johnson
Hilton
Motion by Mr. Wilkins, seconded by Dr. Jahns,
by Mr. Steven L. .Frakes to construct a carport
Gated within the 10' setback lin e be denied.
Voting Aye; Dunn
Hilton
Jahns
Wilkins
Mr. Johnson abstained from voting.
Voting No: Dunn
Jahns
Wilkins
that the application filed
with support columns lo-
Voting No; None
The Board discussed the ambiguity in the provision of the Zoning Ordinance
requiring that if twenty-five (25~o) percent of the block frontage is im-
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proved with buildings the front yard shall extend to the alignment of
such existing buildings.
Motion by Mr. Hilton, seconded by Mr. Johnson, that the Chairman write
a: letter to the City Commission asking them to consider whether re-wording
of Section 24, Sub-Section 1, Paragraph 2 of the Zoning Ordinance is
desirable.
Voting Aye; Jahns Voting No; None
Johnson
Hilton
Wilkins
Dunn
With no further. business to come before the Board at this time, upon mo-
tion duly made, seconded and carried the Board adjourned at 10;1a p.m.
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Chairman
ATTEST ;
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Secretary
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