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HomeMy WebLinkAbout10231975 ZBA Miutes1 ~. .ZONING BOARD OF ADJUSTMENT SPECIAL MEETING OCTOBER 23, 1975 The Zoning Board of Adjustment convened in special session on Thursday, October 23, 1975, 7:30 p.m., at the City Hall with the following members present: Chairman Casey, presiding; members Ayres, Billings, and Johnson. Alternate member Dan Doughty had been designated to sit as a member in the absence of Mr. Wilkins. Alternate member. Burge was also absent. Chairman Casey advised the Board that the following letter had been re- ceived from Mr. and Mrs. Thomas P. Taylor: ~ "Dear Sir: d'+ *~ On Thursday, October 16, we appeared before the Board and requested a ~ variance for the purpose of building a deck. The variance was denied be- m cause we failed to show that a hardship would result if we were not allow- ed to build the deck to the fence. We believe that such a hardship would exist and, therefore, request a hearing as soon as possible." Motion by Mr. Billings, seconded by Mr. Ayres, that the request of Mr. and Mrs. Thomas P. Taylor for a re-hearing and on their application Docket 75-12, be denied. Voting Aye: Ayres Voting No: Casey Billings Doughty Johnson Motion did not carry inasmuch as any motion for a rehearin by the Zoning Board of Adjustment must be carried by not less than four g(4) concurring votes.. Motion by Mr. Biilings, seconded by Mr. Doughty, that the Zoning Board of Adjustment re-consider its decision at a public hearing held on October 16, 1975, and a rehearing be granted, Voting Aye: Billings Voting No: None Doughty Casey Johnson Mr. Ayres abstained from voting. Motion declared invalid by members of the Zoning Board of Adjustment inasmuch as Section 2, Article VI, of the Rules of Procedure provides, "No motion for a rehearing, and then not unless new evidence is submitted which could not reasonably have been presented at the meeting at which the hearing was ori- ginally had" and the letter received from Mr. and Mrs. Taylor related no new evidence to be considered. Upon concensus of the Board, Chairman Casey telephoned Mr, Taylor and was ad- vised that there was a possibility that people would fall. if the-deck was not constructed to the fence line. ~ Q !1 Motion by Mr. Ayres, seconded by Mr, Billings, that based on telephone evidence presented by Mr. Taylor, that a rehearing be called on his application., Docket No. 75-12. Voting Aye; Ayres Voting No: None Casey Doughty .Johnson Mr. Billings abstained from voting! With no further business to come before the Board at this time, upon motion duly made, seconded and carried, the meeting adjourned at 8:30 p.m. '~ - Chairman ATTEST: ~~~~.~. Secretary 1 1