HomeMy WebLinkAbout12181975 ZBA Minutes
REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT
DECEMBER 18, 1975
The Zoning Board of Adjustment convened in regular session at the City Hall
on Thursday, December 18, 1975, 7;30 p,m,, with the fo]lowing members pre-
sent: Chairman Casey, presiding; members Ayres, Johnson .and Wilkins. Alter-
nate member Doughty had been designated to sit on the Board in the absence
of Mr. Billings. Alternate member Burge was also absent,.
Mr. Casey announced that the Board would hold the Public Hearing called for.
this date an hour to consider an application bearing Docket Number 75-14
,~ filed by Mr. Charles T. McBride, 4121 Judson,
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Mr. Casey requested that the Board Secretary read the Notice of Public Hearing.
Cq Motion by Mr. Johnson, seconded by Mr. Wilkins, that the Public Hearing was
~ now open to consider an application filed by Mr, Charles McBride for per-
mission to complete construction of a utility building.
Voting Aye: Ayres
Casey
Doughty
Johnson
Wilkins
Voting No: None
Mr. Casey introduced himself and identified his residence in the city, followed
by each member of the Board.
Mr. Casey ascertained from the secretary that Notice of Public Hearing was
published in the Southwestern Argus on Wednesday, November 26, 1975 and notice
was mailed to all property owners within a 200' radius of the property in ques-
tion on December 1, 1975.
Mr. Casey administered the Oath to Mr. McBride, Mrs, Claire Alice Beaver, Building
Inspector J, D. Allstott and Assistant Inspector Wayne Perry,
Mr. McBride stated that he had been thinking about building a utility building
for approximately eight months and when he called the City Hall to inquire about
regulations he was told to get a permit, At the time the permit was issued he
was not asked for plans, but. was informed that the building would have to be
located three feet from the side property line and five feet from the rear pro-
perty line. Mr. McBride stated that he had completed the foundation and framing
for the building when Mr. Perry stopped the construction inasmuch as it was being
constructed in the front building setback of the property.
Mr. Perry advised the Board that there was a misunderstanding at the. time. the
permit was issued to Mr, McBride in that what Mr. McBride referred to as his
rear yard was in fact the side yard, and that the utility building was located
in the front setback requirement for the. property.
Mrs. Beaver stated that she resided at 6317 Rutgers, but also owned the property
located at 4112 Judson. and that she could appreciate the problems that had been.
encountered by Mr. McBride. Mrs. Beaver further stated that two other utility
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buildings in the area were of a portable nature and one could hope that they
would be moved sometime, however, inasmuch as the building being constructed
by Mr. Mcgride was permanent that it should be moved back on the. lot.
Mr. McBride stated that he had begun construction in good faith; thought he had
met all of the requirements of the Inspection Department; and that to move the
building-would be expensive and a lot of trouble.'
Motion by Mr. Wilkins, seconded by Mr. Johnson, that the public hearing be closed.
Voting Aye: Ayres
-Casey
Doughty
Johnson
Wi 1 ki ns
Voting No: none
Mr. Casey announced that the Board would hold the Public Hearing called for
this date and .hour to consider an application bearing Docket Number 75-15
filed by Mr. Parviz Vessali, 6420 Buffalo Speedway.
Mr. Casey requested that the Board Secretary read the Notice of Public Hearing.
Motion by Mr. Wilkins, seconded by Mr, Doughty, that the Public Hearing was now
open to consider an"application filed by Mr. Parviz Vessali for permission to
glass-in an existing front porch,
Voting Aye: Ayres Voting No: None
Casey
Doughty
Johnson
Wilkins
Mr. Casey introduced .himself and identified his residence in the city, followed
by each member of the Board.
Mr. Casey ascertained from the secretary that Notice of Public Hearing was
published in the Southwestern Argus on December 3, 1975., and notice was mailed.
to all property owners within a 200' radius of the property in question on
December 2, 1975.
Mr. Casey administered the Oath to Mr. Vessali, Building inspector J. D, A~lstott
and Assistant Inspector Wayne Perry.
Mr. Vessali stated that enclosing the existing porch with glass had been in-
cluded in his plans at the time he applied for a permit for extensive remodel-
ing to his residence. Mr. Vessali further stated that the enclosed porch would
be used as an entry to his house and would enhance the front of the residence.
Mr. Casey read a letter received from Mr. William Montour, 6424 Buffalo advis-
ing that he had no objections to Mr. Vessali's plans to enclose his porch and
that it was his belief that it would be of benefit to-the neighborhood,
Mr. Alstott advised the Board that the existing front porch extended 2~8"
into the required 30' front setback line.
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Motion by Mr. Wilkins., seconded by Mr, Johnson, that the public hearing be
closed.
Voting Aye: Ayres Voting No: None
Casey
Doughty
Johnson
Wilkins
Motion by Mr. Johnson seconded by Mr. Ayres, that the regular meeting of the
Zoning Board of Adjustment come to order to consider Application Docketed No.
75-14 and Application Docketed No. 75-15.
Voting Aye: .Ayres
Casey.
Doughty
Johnson
Wilkins
Voting No: None
General discussion by Board members in consideration of the application filed
by Mr. Charles McBride for permission to complete construction of a utility
building indicated the need for an opinion. from the City Attorney regarding
liability, if any, on the part of the city due to wn error in judgment by
the Inspection Department. It was pointed out to the Board that the primary
purpose served by creation of setback }roes was to achieve uniformity of lots,
and such would not be completely applicable in this particular situation due
to the. odd lot shapes.
Motion by Mr. Johnson that the application filed by Mr. Charles McBride for
permission to complete construction of a utility building be granted as re-
quested.
Motion died for lack of a second...
Motion by Mr. Ayres, seconded by Mr. Wilkins, that action on the Application
filed by Mr. Charles McBride be postponed until a legal interpretation has been
received from City Attorney Charles Cockrell- and other utility buildings. and
garages located in the area be measured to indicate setback ]roes.
Motion by Mr. Wilkins, seconded by Mr. Ayres., that the application Docketed No.
75-15 filed by Mr. P. Vessali for permission to enclose an existing font
porch with glass be approved.
Voting Aye: Ayres Voting No: None
Casey.
Doughty
Wilkins
Mr. Johnson abstained from voting.
Voting Aye: Ayres Voting No: None
Casey
Johnson
Wilkins
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Mr. Doughty abstained from voting.
Minutes of the regular meeting of the Zoning Board of Adjustment on Thursday,
November 20, 1975, were presented for consideration.
Motion by Mr. Johnson, seconded by Mr. Ayres, that minutes of the regular meet-
ing of the Zoning Board of Adjustment on November 20, 1975, be approved as
submitted.
Uoting Aye: Ayres
Casey
Doughty
.Johnson
Wilkins
Voting No: None
Chairman Casey advised members of the Board that in accordance with the Rules
of Procedure adopted by the Board, a Chairman .and Vice..Chairman of the Zoning
Board of Adjustment should be elected on an annual basis at the. last regular
meeting in December.
Motion by Mr. Johnson, that action on the selection of a Chairman and Nice-
Chairman be postponed until the regular meeting in the month of January to
come before a full board membership.
Motion died for lack of a second.
Motion by Mr. Wilkins, seconded by Mr. Ayres, that Mr. Michael Casey be re-
elected as Chairman of the Zoning Board of Adjustment for the .year 1976.
Motion amended by Mr. Doughty., accepted by Mr. Wilkins, that the motion include
re-election of Mr. Richard Wilkins to serve as Vice-Chairman of the Zoning Board
of Adjustment for the year 1976.
Voting on the amendment:
Voting Ayer Ayres
Casey
Doughty
Johnson
Wilkins
Voting on the motion:
Voting Aye: Ayres
Casey
Doughty
Johnson
Wilkins
Voting No: None
Voting No: None
With no further business to come before the Board at this time, upon motion duly
made, seconded and carried at 9:30 p.m, the meeting. was recessed .until 7:30 p.m.,
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January 8, 1976 at which time further consideration will be given to the appli-
cation filed by Mr. Charles McBride.
Chairman
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ATTEST:
Secretary
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