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HomeMy WebLinkAbout07311975 ZBA Minutes REGULAR MEETING OF ZONIIvTG BOARD OF ADJUSTMENT . JULY 31, 'I975 The Zoning Board of Adjustment convened in regular session at the City Hall on Thursday, July 31, 1975, 7:30 p.m,,,wth the following members present: Chair- man Mike Casey, presiding;. members Ayres, Billings and Wilkins.. Alternate member Burge had been designated to sit as a member in the absence of Mr. Johnson, Alternate member Doughty was also present. Chairman Casey presented .minutes of the regular meeting of the Zoning Board of Adjustment on June 19 1975 for consideration. CrJ ~; Motion by Mr. Wilkins, seconded by Mr. Burge, that minutes of the regular meet- ~ ing of the Zoning .Board of Adjustment on June 19, 1975, be`approved as submitted. '"~ ~ Voting Aye:.. Ayres Voting No: None Billings Burge Casey Wilkins Chairman Casey announced that .the Board would hold the Public Hearing called for this date and hour, hearing the case Docketed No. 75-6. Motion by Mr. Wilkins, seconded by Mr. Ayres, that the public hearing was now open to consider an application filed by Dr. Monroe Jahns for permission to construct a carport at his residence located at 6319 Vanderbilt. Voting .Aye: Ayres Voting No: None Billings. Burge Casey Wilkins Mr. Casey introduced himself and identified his residence in the city, followed by each member of the Board. Mr. Casey then. ascertained from the secretary that Notice. of Pub lie Hearing was ,.published in .the Southwestern Argus on Wednesday, July 16, 1975, and. notice was mailed to all property owners within a 200' radius of the property in question on .July 16,.1975, thereby .fulfilling all legal requirements for the Public Hearing, Mr. Casey administered the Oath to Dr. Monroe Jahns, Mrs. Jahns, Building In- spector J, D. Allston and Assistant Building Inspector Wayne Perry. Dr. Jahns advised ;the Board that'he desired o construct a carport over an .existing driveway which was located eight (8") inches from his property line, such. proposed carport to be 30' long and 10'4" in width. Dr. Jahns stated. ..this. primary reason for desiring to construct the carport of that size was to enable him to park two. cars side by side, thereby eliminating the necessity of moving one car to use the second. ~~~`.. Dr. Jahns stated that the proposed construction would have a corrugated alumi- num roof, with a bandtrip to duplicate the fascia on the house and would be supported by wooden columns to match those on his home.. In response to a question regarding. proposed .drainage of the water ,from the carport., Dr. Jahns stated that he had previously installed a plastic water drain located in the 8!' beside his driveway and his plans. included .the use of a gutter on the carport, with a drainspout to empty into this water drain... Building Inspector_J. D. Allstott advised the Board that Dr. Jahns' applica- tion for a building permit for the construction of-the. carport was denied inasmuch as provisions of the Zoning Ordinance require a three;(3') foot.. side setback on all inside lots and his only.. re course was to advise Dr. Jahns to make application to the Zoning Boardof Adjustment for their consideration. Chairman Casey read the following letters which. had been received_by the Board Secretary in response to the notices of the hearing which had been mailed to property owners: Dear Sirs: I received ,your notice of the addition that Monroe Jahns wants for his house. I am familiar with his plans and think they will.. improve .the looks of the house. I approve and am,willing for it to be built. I hope it meets with your approval. Mrs. Frances C. MacAllister 6327 Vanderbilt Mr. Jahns has improved his property and is a very good neighbor. Don't see any reason why his request should not be granted. Ernest F. White 6330- Vanderbilt Dear Sirs: I am the owner of the property at 6320 Vanderbilt and have checked out the matter of the carport at 6319 Vanderbilt. I see no reason to oppose this situation and therefore I hope. you will give Mr. F~ Mrs. Monroe Jahns favorable consideration far the request for a variance. Wm. K. Dean 8331 Lorrie Gentlemen.: We received an inquiry as to whether we had any objection to a zoning variance fora carport at the residence of Mr. Monroe Jahns, 6319 Vanderbi t. 1 1 Mr. Jahns has expended a great. deal of time and money improving his property.. at that address, which has been-beneficial to the appearance and property. values of the neighborhood.. Accordingly, we hope the Board will give favorable consideration to his request to construct a carport. Philip J. Lang ~ Esther E. Lang 6335 Vanderbilt 1 I live at 6326 Vanderbilt, just across the street from Monroe Jahns. I under- stand the plans for this carport and I,have no objections to the construction of this project.. I hope the Zoning Board will grant his request. Mrs. Mildred Eckels <6326 Vanderbilt Gentlemen: With reference to your above numbered letter. ~4r. Jahns put in'a new drive way. which. is eight inches-from the property line. I had.-already. advised Mr. Jahns -that I did not object to his building a carport along as it is three .feet from. ~ the property line, as it must comply with the Zoning law, and rain must not run ~ on my property. ~ Charles M. Stoner ~ 6321 Vanderbilt m Dear Sirs: I have received your notice to property owners concerning a proposed carport to be constructed by my neighbor, ,Monroe Jahns. L have also discussed the matter with him and I am assured that the construction will be of an attracitve nature. My wife and I do not oppose his request and we encourage him in his efforts. Alvin A. Horne .6331 Vanderbilt Dear Sir:. I received a notice :from the city apprizing.. me of a public hearing to be heard Thursday, July 31, 1975, at City Ha11 concerning additions being made to the residence of Monroe Jahns. 6319 Vanderbilt. It is my understanding that. the. construction of a proposed carport will require a variance of city zoning re- gulations as it .relates to side property .line set back. - As the record ;owner of the property at 6320 Belmont which is less than 2OD feet from Mr. Jahns property.. I favor the construction of the carport. I do feel that this addition with the quality of Mr. Jahns' construction will benefit the neighborhood. C. H. Underwood, Jr. Motion by Mr. Wilkins, seconded by Mr. Ayres, that the Public Hearing be closed. .Voting Ayer Ayres Voting No: None Billings. Burge Casey Wilkins Chairman Casey announced that the meeting would adjourn for appoximately ten minutes. Motion by Mr. Wilkins, seconded by Mr . Billings, that the meeting be called back to order. Voting Aye: Ayres Voting No: None Billings Burge Casey Wilkins The Board reviewed the. application and sketch furnished by Dr. Jahns expressing concern with the letter. received from Mr. Charles Stoner who lives next door to the proposed construction. It .was pointed out that Mr. Stoner expressed no objection to the construction of the carport provided .that it was located three feet from the property line, in compliance with. the provisions of the< Zoning Ordinance, and that water did not drain on his property. Consideration was given by ,the Board to possible future sale of Mr. Stoner's property and .the affect construction of the carport might have on future property owners. The. Board reviewed the seven (7) elements which must be met prior to granting an application 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 shall 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, including the public. Motion by Mr. Wilkins,. seconded by Mr. Ayres, that Appeal Number 75-6 filed by Dr. Monroe Jahns for a variance to the Zoning Ordinance for the construe- tion of a carport be denied. Motion amended by Mr. Ayres, accepted by Mr. Wilkins,. that. the motion be amended to include that no unnecessary hardship had been shown by the appli- cant. Motion died for lack of a second. Motion by Mr. Billings, seconded by Mr. Ayres, that the motion be amended to include "that in view of the fact that the applicant has failed to show that literal enforcement would result in unnecessary hardship and in order for substantial justice to be done to all parties involved, including the public", that the appeal be denied. Motion by Mr. Ayres seconded by Mr. Billings, that the amendment to the motion be amended to remove "in order for substantial justice to be done to all. parties involved, including the public". Voting on the amendment to the motion. amendment: ~.: 1 CrJ GO 1 Voting Aye: Ayres Billings Burge Casey Wilkins Voting on motion amendment: Voting Aye: Ayres Billings Burge Casey Wilkins Voting on the motion: Voting Aye r Ayres Billings Burge Casey Wilkins Voting No; None Voting No: None Voting No: None The Board discussed the request from the City Manager for an estimated budget for the year 1976. .Chairman Casey will address_a letter to the Gity Manager advising that the Board forsees no sizeable increase in the number of applica- tions received. and that. the sum of $650.00 provided in the 1976 budget for ex- penses should be adequate for the year 1976. Chairman Casey advised the Board that a recent edition of the Southwestern Argus included an article stating, that. the Board Secretary had been awarded the designation of Associate Certified Municipal Clerk by the International Institute of Municipal Clerks and he would like to recognize this accomplishment. Motion by Mr. Billings, seconded;by Mr Ayres, that. the Board Secretary, Mrs.. Lee Lockard, be commended for her accomplishment in receiving the designation of Associate Certified. Municipal Clerk by the International Institute of Municipal Clerks. Voting Ayer Ayres. Voting No: None Billings Burge Casey Wilkins 1 With no further business to come before the Board at this time, ,upon motion duly made, .seconded and carried, the meeting adjour at. 9:05 p.m. Chairman ATTEST: ~~ ~~~~~ Secretary