HomeMy WebLinkAbout07211977 ZBA Minutesf
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REGULAR MEETING OF ZONING BOARD OF ADJUSTMENT
July 21, 1977
The Zoning Board of Adjustment convened in regular session at the City Hall
on Thursday, July 21,.1977, 7:30 p.m., with the following members present:
Vice-Chairman Richard Wilkins, presiding; Members Ayres and Billings, Alter-
nate member Dan Doughty had been designated to sit as member in the absence
of Chairman Casey. Member Bob Johnson-and alternate m tuber Frank Burge were
absent.
Inasmuch as Mr. David C. Smith had .not arrived at the eeting, it was the
decision of the Board to hear Mr. Michael Toomey who was present in the in-
terest of his mother, Mrs. Rosemary Thomas, regarding a previous decision of
the Zoning Board of Adjustment designating Lot 4A, Block 73, West University
2nd Addition as a building site.
A brief review was made of the original application filed with the Board in
January, 1973, requesting. that a lot 36' x 150' be designated as a building
site inasmuch as it met the provision of the Zoning Ordinance requiring that
a building site contain 5,000 square feet, but did not have the necessary 50'
frontage.
Mr. Toomey advised the Board that. his mother was out of the city and had re-
quested that he appear before the Board to present a request that she be
granted a waiver. or extension of the provision in the Board's ruling that
a building permit be obtained within ninety (90) days from the date of auth-
orization by the Board. Mr. Toomey stated that a preliminary floor plan had
been presented to the Inspection Department, but that problems had been en-
countered in trying to design a residence that would not require removal of
some large trees that were located on the lot, and that a lawsuit against~~he
property had only .recently been resolved.
Motion by Mr. Ayres, seconded by Mr. Doughty, that the provision requiring that
a building permit must be obtained within ninety (90) days be waived inasmuch
as there was no such restriction on any other designated building site within
the city.
Motion amended by Mr. Billings that the provision requiring application for a
building permit be secured within ninety {90) days be extended for a period of
one year.
Amendment to motion died for lack of a second.
Voting Aye: Ayres
Doughty
Wilkins
Voting No: None
Mr. Wilkins requested that the Board Secretary read the Notice of Public Hearing.
Motion by Mr. Billings, seconded by Mr. Doughty, that the Public Hearing was
n~ open to consider an application Docketed 77-6, filed by Mr. David C. Smith,
X910 Arnold, requesting that a deck exceeding the required 6" height provision
and built into the three (3') foot side setback be permitted to remain.
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Voting Aye: Ayres
Billings
Doughty
Wilkins
Voting No: None
Mr. Wilkins ascertained from the secretary that Notice of Public Hearing had
been published in the Southwestern Argus on Wednesday, June 29, 1977 and that
notice was mailed to all property owners with a 200' radius of the property. on
June 24, 1977. In accordance with the provision of Article 6252-17 V.A.T.C.S.
notice was posted on the City Hall bulletin board on July 18, 1977.
Mr. Wilkins administered the Oath to Mr. Smith and Building Inspector Wayne
Perry.
Mr. Smith advised the Board that the 6" provision was intended for a house on
a concrete slab whereas his house was built on piers and beams, and that the
deck around the house was built the same level as the house in order to provide
safety and a more aesthetic appearance, and that to remove the deck would be a
tremendous expense and would destroy the appearance of the house.
Mr. Perry advised the Board that the deck encroached into the three (3') foot
side setback requirements of the Zoning Ordinance and that construction had
been completed prior to filing a request for a building permit which was denied.
Motion by Mr. Billings, seconded. by Mr. Doughty, that the Public Hearing be
recessed fora visit to the site and look at the deck in question.
Voting Aye: Ayres
Billings
Doughty
Wilkins
Voting No : None
Motion by Mr. Billings, seconded by Mr. Ayres, that the Public Hearing be re-
convened.
Voting Aye: Ayres
Billings
Doughty.
Wilkins
Voting No: None
Discussion by .members of the Board indicated that the applicant had done very
extensive remodeling to an older residence and that the deck showed very good
construction.
Motion by Commissioner Billings, seconded by Mr. Doughty, that the Public Hear-
ing be closed.
Voting Aye: Ayres
Billings
Doughty
Wilkins
Motion by Mr. Billings that Appeal No. 77-6 be denied.
Voting No: None
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Motion died for lack of a second.
Motion by Mr. Billings, seconded by Mr. Ayres, that inasmuch as the deck portion
of .the structure appears not to comply with the building setback requirements
on the side, and that the applicant failed to show that literal enforcement
would result in unncessary hardship, that Appeal No. 77-6 be denied.
Motion amended by Mr. Doughty, accepted by Mr. Billings and Mr. Ayres, that
the word "appears" be removed from the motion.
Voting Aye: Ayres
Billings
Doughty
Wilkins
Voting No: None
Minutes of the regular meeting of the Zoning Board of Adjustment on June 16,
1977 were presented for consideration, and the following action taken: Motion
by Mr. Doughty, seconded by Mr. Billings, that minutes of the regular meeting
of the Zoning Board of Adjustment on June 16, 197.7, be approved as submitted.
Voting Aye: Ayres
Billings
Doughty
Wilkins
With no further business to come before the meeting at this time, upon motion
duly made, seconded and carried, the meeting adjourned at 8:35 p.m.
Voting No: None
Chairman
ATTEST:
cretary
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