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HomeMy WebLinkAbout07211977 ZBA Minutesf ^~ `F y~ 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. 1 1 ~J d'{ Aa 1 1 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 r o~/ro~~' 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 1 1