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HomeMy WebLinkAbout06211976 ZBA Minutes RECESSED PIEETING OF ZONING BOARD OF ADJUST~1ENT June 2T, 1976 The Zoning Board of Adjustment convened in recessed session at the City Hall on Monday, June 21, 1976, 7:30 p.m., with the following members present: Chairman Casey, presiding; members Ayres, Johnson and ulilkins. Alternate member Doughty was also present and had been designated to sit as a member in the absence of Mr. Billings. Mr. Casey requested that the Board secretary read the Notice of Public Hearing. ;r~ Motion by Mr. Wilkins, seconded by Mr. Johnson, that the Public Hearing was now ~+ open to consider application Docketed 76-8, filed by Miss Rosa Lea Spaugh, 5810 ?~ Buffalo Speedway, for permission to re-construct a carport with support posts ""~ located within the three (3') foot side setback line. ~ Voting Aye: Ayres Voting No: None Casey Doughty Johnson Wilkins Chairman Casey ascertained from the secretary that Notice of Public Hearing had been published in the Southwestern Argus on Wednesday, May 26, 1976, and that notice was mailed to all property owners within a 200' radius of the property in question on June 1, 1976. In accordance with the provisions of Article 6252- 17 V.T.C.S. notice was posted on the City Hall bulletin board on June 14, 1976, advising the public of a meeting on Thursday, June 17, 1976. Inasmuch as a quorum was not present for the June 17, 7976, meeting, such meeting was recessed and notice again posted on the City Ha71 bulletin board advising the public that the meeting would beheld on Monday, June 21, 1976, thereby fulfilling all legal re- quirements for holding the Public Hearing. Chairman Casey introduced himself and identified his residence in the city, fol- lowed by each member of the Board. Mr. Casey administered the Oath. to Miss Spaugh, Building Inspector J. D. Allstott and Assistant Building Inspector Wayne Perry, after advising that the procedure of the Zoning Board of Adjustment provided for hearing the applicant and anyone supporting his position to present their evidence; questions to the applicant and his supporters; presentation of any evidence by opponents, including the Building Inspector; and .questions to the opponent. Miss Spaugh advised members of the Board that she has encountered many problems with regard to her house; commencing with faulty construction of a roof; bank- ruptcy of contractors; a lawsuit that ensued from 1968 until settlement out of court in 1971 resulting in payment of $5,000 by her insurance carrier and over $10,000 expenses in legal fees. Mr, Billings arrived at the meeting at this time. Miss Spaugh stated that the original carport was constructed in 1951 and had she been advised that it could not be replaced she would not have had the structure l' taken down. Miss Spaugh stated that a permit was issued for the new carport in December, however the contractor did not get the work done and the permit expired following a sixty (60) day period. A second permit was taken out in May and work commenced on May 17th with the city's Building Inspector stopping such con- struction because the support posts were located within the three (3') foot side setback requirements. ..Miss Spaugh stated that she did not know anything about any violation until the work was stopped. Miss Spaugh presented photographs of her home showing the location and construc- tion of-the original carport as well as roof and structural damage that had been done by rain, high winds and contractors to the house itself. It was noted that construction of the carport had been partially completed prior to the work stoppage ordered by the Inspection Department.. Mr. Allstott advised the Board that he had advised the contractor that the car- port could not be relocated in the same location as the original carport inasmuch as the supports were located within the three (3") foot side setback requirements and the contractor was to have so advised Miss Spaugh. Mr. Allstott noted that this same procedure was followed when a permit was issued in December and another issued in May. However,-the contractor had subsequently passed away. Motion by Mr. Johnson, seconded by Mr. Doughty, that the Public Hearing. be closed. Voting Aye: Ayres Voting No: None Casey Doughty Johnson Wilkins Minutes of the regular meeting of the Zoning Board of Adjustment on R1ay 20, 1976, were presented for consideration. Motion by Mr. Johnson, seconded by Mr. Wilkins, that minutes of the regular meet- ing of the Zoning Board of Adjustment on May 20, 1976, be corrected to reflect that the Board Chairman administered the Oath to all those persons in attendance desiring to be heard in regard to the application Docketed 76-6 filed by Mr. Joel Hebert, 5815 Charlotte. Voting Aye: Ayres Voting No: None Casey Doughty Johnson Wilkins Chairman Casey reported to the Board that he had appeared before the City Comis- sion on May 24, 1976, and had reported on cases which had been heard by the Board and generally the-type applications and the action taken on such applications. In response to a request by Commissioner Binig a recap of all cases heard by the Board had been furnished to members of the City Commission. In response to a request received from the City Manager for recommendations for inclusion in the 1977 budget, the following recommendation was made: Clerical Salaries $.300,00 Office Supplies 150'.00 Postage 100.00 Legal Notices & Recording 200.00 Total Proposed 1977 Budget $ 750.00 ~0 Motion by Mr. Johnson, seconded by Mr. Wilkins, that the proposed budget be a- proved and the City Manager furnished a copy of such recommendation. Voting Aye: Ayres Casey Doughty Johnson Wilkins Voting No: None General discussion regarding the application Docketed 76-8, filed by Miss Rosa Lea Spaugh, 5810 Buffalo Speedway, for permission to reconstruct a carport in- cluded condition of the main house and methods by which Miss Spaugh could be encouraged to commence repairs; the lack of plans being retained in the office of the Inspection Department; the propriety of the Inspection Department advising a contractor rather than an owner of violations included in plans for construc- tion; and conditions surrounding the construction of the original carport in 1951. Motion by Mr. Ayres, seconded by Mr. Johnson, that the application Docketed 76-8 filed by Miss Rosa Lea Spaugh be approved. with the following conditions: That the replacement roof be located three (3') feet back from the side setback line and constructed in similar design as the original carport and that an affidavit be executed stating that the three (3') feet will not be covered. Voting Aye: Ayres Casey Johnson Wi 7 ki ns Voting No: Doughty Prior to adjournment by motion duly made, seconded and carried, at 8:45 p.m. the Board again discussed means by which Miss Spaugh could be encouraged to make repairs to her home. ATTEST: _..___~ Chairman .~-_