HomeMy WebLinkAbout02101975 ZBA Minutes~~ `°
RECESSED MEETING OF ZpNING BOARD OF ADJUSTMENT
FEBRUARY 10; 1975
The Zoning Board of Adjustment convened in recessed session at the City Hall
on Monday, February 10, 1975, 6:30 p.m., with the following members present:
Vice-Chairman Jahns, presiding; members Casey, Johnson and Wilkins. Alternate
member Wisse7 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
by Gourmet into the front setback line on Kirby Drive.
In accordance with a request of the Board, Mr. H. R. Duke, City Sanitary
Engineer, met with the Board to give the results of inspections made of
Hamburgers by Gourmet.
Mr. Duke advised the Board that an inspection was made of the premises on
January 22nd and on January 31st, and reviewed recommendations made after
such inspections itemizing specifically the area immediately around the
garbage dumpster which needed cleaning, failure of employees to use aprons
and hairnets, and the cooking unit which should be cleaned.
Mr. Duke stated that it was his opinion that most of the problems of food
scraps and other debris around the garbage dumpster was caused more by the
careless way the material was handled by the Refuse Disposal Company rather
than by employees of Hamburgers by Gourmet.
Mr. Duke further stated that he had experienced difficulty in getting employees
to follow the city's Health Code, due in much part, to the change in personnel
continuously requir%ng new instructions on what was required to be in compliance.
However, ]Nr. Duke stated that anytime he had called the owner of the restaurant
he had received very good cooperation.
In response to a question regarding the installation of electrostatic precipita-
tors, Mr. Duke stated that he was not very well acquainted by this installa-
tion, but based on literature he had read, he was confident the installation
would help remove smoke and grease from the area.
Following the discussion with Mr. Duke, members of the Board reviewed com-
plaints that had been received at the Public Hearing; testimony offered by
Mr. Jones during the Hearing; possible gradual deterioration of the property
if owner not granted a variance to increase customer capacity to make the
restaurant a profitable enterprise; and the possibility of requiring the in-
stallation of electronic precipitators as a condition to granting a variance.
Motion by Mr. Casey, seconded by Mr. Johnson, that the application for a
variance be approved on the condition that improvements would be made by
the installation of electronic precipitators and trash and garbage removal
be improved, but that before the actual enlargement of the facility takes place
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d,
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that there be a probationary period of three (3) months, where the Board can
be reasonably assured that the matter of trash and garbage removal has im-
proved.
Voting Aye: Casey
Johnson
Voting No: Jahns
Wilkins
Wissel
Motion failed to carry inasmuch. as Article
of the Zoning Board of Adjustment, requires
disallowed, unless the concurring voting of
favor the appeal or application.
V, Section 1, Rules of Procedure
that every application shall be
four members of the Board shall
Minutes of the Zoning Board of Adjustment meetings of November 14, 1974,
January 16, 1975 and January 30, 1975, were submitted to the Board for consi-
deration.
Motion by Mr. Wissel, seconded by Mr. Johnson, that minutes of the meetings
of the Zoning Board of Adjustment on November 14, 1974, January 16, 1975 and
January 30, 1975, be approved as submitted.
Voting Aye: Casey Voting No: None
Jahns
Johnson
Wi 1 ki ns
Wissel
With?no further business to come before the Board at this time, upon motion
duly made, seconded and carried, the meeting adjourned.
airman
ATTEST
ecretary