HomeMy WebLinkAbout01301975 ZBA Minutes
SPECIAL MEETING OF ZONING BOARD OF ADJUSTMENT
JANUARY 30, 1975
The Zoning Board of Adjustment convened in special session at the City Ha11
on Thursday, January 30, 1975, 7:30 p.m., with the following members pre-
sent: 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 purpose of the meeting was to further consider
an application bearing Docket Number 74-7 filed by Mr. Randall P. Jones,
5712 Kirby Drive, for permission to extend the existing building housing
Hamburgers 6y Gourmet into the front setback line on Kirby Drive.
Members of the Board were presented a resume of Ordinances passed by pre-
vious City Commissions, granting setback variances from the thirty (30') feet
required by the Zoning Ordinance, only as a matter of information to show
present setbacks on Kirby Drive.
Tn accordance with a request of members of the Zoning Board of Adjustment
at its previous meeting on January 16, 1975, Health Inspection Reports made
by City Sanitary Engineer H. R. Duke on April 23, 1974 and July 17, 1974,
were presented.
Motion by Mr. Wissel that the application be denied inasmuch as it is con-
trary to Section 29(.5) of the city's Zoning Ordinance and the testimony
of the applicant at the time of the public hearing.
Motion died for lack of a second.
Motion by Mr. Casey, seconded by Mr. Wilkins, that the variance not be granted
because %t is contrary to the public interest, specifically the matter of
health which must be met in order to grant a variance.
Voting Aye: Wilkins Voting No: Johnson
Casey Wissel
Jahns
Motion failed to carry inasmuch as Article V, Section 1, Rules of Procedure
of the Zoning Board of Adjustment, requires that every application shall be
disallowed, unless the concurring voting of four members of the Board shall
favor the appeal or application.
Motion by Mr. Wissel that the application be denied on the basis of the
testimony of the applicant at the public hearing and the provisions of
Section 29(5) of Zoning Ordinance Number 111.
Motion died for lack of a second.
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Motion by Mr. Casey, seconded by Mr. Johnson, that the meeting be recessed
until 6:30 p.m., Monday, February 10, 1975, at which time the City's Sanitary
Engineer shall 6e requested to meet with the Board and to have completed a
health inspection of the premises.
Voting Aye: Casey
Johnson
Wilkins
Wissell
Voting No: Jahns
ATTEST
ecretary
1
Chairman