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HomeMy WebLinkAbout01161975 ZBA Minutes REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT JANUARY 16, 1975 The Zoning Board of Adjustment convened in regular session at the City Hall on Thursday, January 16, 1975, with the following members present: Vice- Chairman Jahns, presiding; members Casey, Johnson and Wilkins. Alternate member Wissel had been designated to sit as a member in the absence of the appointment of a replacement for Chairman Dunn who was elected a member of the City Commission. Mr. Jahns announced that the Board would hold the Public Hearing called for this date and hour to consider an application bearing Docket Number 74-7 filed by Mr. Randall P. Jones, 5712 Kirby Drive. Mr. Jahns requested that the Board secretary read the Notice of Public Hear- ing. Motion by Mr. Johnson, seconded by Mr. Wilkins, that the public hearing was now open to consider an application filed by Mr. Randall P. Jones for per- mission to renovate his present building and enlarge the dining area, such construction to be fifteen (15'~ feet into the front building setback lines. Voting Aye: Casey Voting No: None Johnson Jahns Wilkins Wi ssel Mr. Jahns ascertained from the secretary that Notice of Public Hearing was published in the Southwestern Argus on January 1, 1975, and that notice was mailed to all property owners within a 200' radius of the property on January 6, 1975. Mr. Jahns reviewed the procedure to be followed in holding the Public Hear- ing and administered the Oath to Mr. Jones. Mr. Jones stated that the building housing Hamburgers by Gourmet was in bad need of repairs and rehabilitation and in view of the current economic condi- tions it was not deemed feasible to make such repairs unless the seating capacity could be increased to accommodate more customers and increase the earning capabilities of the restaurant. Mr. Jones stated the addition pro- posed would utilize the area now a patio inasmuch as customers did not use the outside tables and when completed the addition would be very much like a garden roam. In response to questions by members of the Board, Mr. Jones stated that ap- proximately 40q of the restaurant's business was drive-through. Building Inspector J. D. Allstott advised the Board that other buildings located on Kirby Drive in the vicinity of the restaurant had been permitted a 15' front setback and that present parking spaces required by the city would be adequate if the addition were permitted. Mr. Don Myers, 2619 Robinhood and Mr. Jack Darling, 2615 Robinhood, were administered the path by Mr. Jahns. Mr. N~yers and Mr. Darling each expressed opposition to the proposed enlarge- ment of the building, stating that traffic would be increased; that garbage was not being taken care of properl~r and would be increased by additional business; that litter from the restaurant was a major problem for all area residents; and that little response had been received from complaints made.. regarding the general conditions of the restaurant. Concern was also expressed with regard to the house located adjacent to the restaurant being used for storage, however, Mr. Jones stated that such house was used as a studio by an artist friend. :~ d~ '~ 1 1 Motion by Mr. Johnson, seconded by Mr. Casey, that the public hearing be closed. Voting Aye: Casey Voting No: None Jahns Johnson Wilkins Wissel Mr. Jahns advised the Board that inasmuch as he had another meeting to attend he would like for the Board to consider making a decision on the application on another date. After reviewing the evidence presented during the Public Hearing the follow- ing action was taken: Motion by Mr. Wissell, seconded by Mr. Casey, that the application be denied. Discussion on the motion indicated that some members of the Board were in- terested in reviewing inspection reports prepared by the city's Sanitary Engineer before making a disposition of the application. Motion withdrawn by Mr. i~issel, accepted by Mr. Casey. Upon motion duly made, seconded and carried, the meeting adjourned until a date to be determined 6y the Chairman, at which time health inspection re- ports will 6e available for review of the Board. ATTEST: Secretary Chairman