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HomeMy WebLinkAbout0311974 ZBA Minutes REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT MARCH 21, 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 Casey and Wissel were also in attendance. City Attor- ney 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- Bard to instances 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 CQ 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 Court or ask that injunctive action be taken against the citi- zen in a civil proceeding. If the citiBen desired a hearing before the Board he .could 1~e requir~ed_to remove the violation prior to a hearing or a hearing could be held on the case as it exists if the Board was agree- able. In response to a question as to shether 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. Iri 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 discretion 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 situation 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 the 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. Mr. Cockrell advised the Board that, in his opinion, if a variance was granted to an applicant the minutes should reflect that a full hearing 1124 was held; that a variance had been granted and the reasons therefore, 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 ~H.at'_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 pecu- liar. Mr. Cockrell advised the Board that i;t_:~aas 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 adjourned at 9;50 P.M. !' ,-y C airman ATTEST: ,cci~-~' Secretary 1