HomeMy WebLinkAbout11141975 ZBA Minutes
RECESSED MEETING OF ZONING BOARD OF ADJUSTMENT
NOVEMBER 14, 1975
The Zoning Board of Adjustment convened in recessed session at the City Hall
on Thursday, November 14, 1974, 7:30 p.m., with the following members present:
Chairman Philip Dunn, presiding; Members Casey, Jahns, Johnson and Wilkins.
Alternate member Wissel was out of the city on business.-
Minutes of the special meeting of the Zoning Board of Adjustment on Friday,
October 25, 1974, were presented to the Board and approved as submitted.
Chairman Dunn announced that the meeting had-been called in accordance with
a decision of the Board on October 25, 1974, to meet with City Attorney
Charles Cockrell prior to taking any further action on an application filed
by Mr. Robert Speers, acting in behalf of Mr. Ralph M. Scott, owner, of 6414
and 6416 Rutgers, to allow an existing garage to remain where it is now
located, and such garage extends 1' 11" into the 3' side setback, created by
the approval of an application to divide the subject=property by the Zoning
and Planning Commission into two lots each 50' x 150', each facing Rutgers.
Mr. Dunn stated that Mr. Cockrell was unable to attend the meeting, but had
reviewed the application and it was his opinion that no exception existed
in this instance and there was no question with regard to an interpretation
of the Zoning Ordinance, therefore, the application should be considered by
the Board as a variance.
Members of the Board then reviewed each of the following criteria necessary
for granting an application filed for a variance.
1. It must be granted upon appeal
2. It is granted only in specific cases
3. It must be because of .special conditions
4. The variance granted shll not be contrary to the public interest
5. Literal enforcement would result in unnecessary hardship
6. The spirit of the ordinance shall be observed
7. Substantial justice must be done to all parties involved, in-
cluding the public
Discussion by Board members indicated that all requisites for granting a
variance had been met with the exception of unnecessary hardship, and it ap-
peared that the applicant could easily cut back the existing garage to accom-
modate one car; file another application with the Zoning and Planning Commis-
for a subdivision of the lot that will not be in violation of the side set-
back requirements; or dismiss his plan for lot subdivision.
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Motion by Mr. Casey, seconded by Mr. Johnson, that the variance be granted
provided that the breezeway is brought in compliance with the setback require-
ments and the carport is removed, and that the garage roofline would be brought
back into normal alighment.
Voting Aye: Casey
Johnson
Voting No: Jahns
Dunn
Wilkins
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The Board discussed the resignation of Chairman Dunn in view of his election
to the City Commission and the need for immediate consideration by the City
Commission of the appointment of a successor, especially in view of the fact
that a replacement appointment had not been made following the death of Mr.
Richard Hilton.
With no further business to come before the Board at this time, upon motion
duly made, seconded and carried, the meeting adjourned at 8:55 p.m.
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