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HomeMy WebLinkAbout12211977 ZBA Minutes27 REGULAR MEETING ZONING BOARD OF ADJUSTMENT December 21, 1977 The Zoning Board of Adjustment convened in regular session on Wednesday, December 21, 1877, 7:30 p.m., with the following members present: Chairman Wilkins, presiding; members Doughty and Marshall. Alternate members Burge and Cunnings had been designated to sit as members in the absence of Mr. Billings and Mr. Commander. Mr. Wilkins requested that the Board secretary read the Notice of Public Hearing. Motion by Mr. Doughty, seconded by Mr. Bu,r,9~, that .the public hearing was now ow~n to consider an application Docketed"#77-10, filed by Mr. William J. Maas, v6728 Buffalo Speedway, for permission to allow a deck constructed within the side and rear setback .lines to remain. in place. Voting Aye: Burge Voting. No: None Cummings Doughty Marshall Wilkins Mr. Wilkins ascertained from the secretary that Notice of Public Hearing had been published in the Southwestern Argus on Wednesday, December 7, 1977, and that notice was mailed to all property owners within a 200' radius of the pro- perty in question on December 14, 1977. In accordance with the provisions of Article 6252-17 V.A.T.C.S. notice was posted on the City Hall bulletin board on December 19, 1977. Mr. Wilkins administered the Oath to Mr. Maas, Inspector Wayne Perry and Mrs. Evelyn Grigson, 6716 Buffalo Speedway. Mr. Maas presented a plat of his property pointing out areas where the deck had been constructed noting that he had been advised by the Building Inspector that a deck which did not exceed 6" in height was considered as a walk and was permitted on the property line, however, portions of his decking was 8" in height and therefore classified as a structure. Mr. Maas explained to Board members that his townhouse was .located on a corner lot and enclosed with fences. Mr. Maas stated that he was unaware of the need fora building permit at the time he had the deck constructed and also did not know that he was in violation of side and rear setback requirements. Inspector Perry advised the Board that the deck construction, by exceeding 6" in height, was in violation of the side and rear setback requirements of the Zoning Ordinance as well as covering more than 40% of the rear yard area. Mrs. Grigson stated. that if owners of singe)-family residences had to abide by the provisions of the Zoning Ordinance in compliance with setback require- ments she thought that owners of property in the Townhouse District should be required to comply. 2 ~ _. Motion by Mr. Marshall, seconded by Mr. Burge, that the Public Hearing be closed. Voting Aye: Burge Voting No: None Cummings Doughty Marsha 1 1 Wilkins Minutes of the regular meeting of the Zoning Board of Adjustment on Novem- ber 16, 1977, were presented for consideration. .y~ Motion by Mr. Burge, seconded by Mr. Doughty, that minutes of the regular meet- ing of the Zoning Boa rd of Adjustment on November 16, 1977, were presented for consideration. '~ Motion by Mr. Burge, seconded by Mr. Doughty, that minutes of the regular meeting of the Zoning Board of Adjustment on Novem ber 16, 1977, be approved as submitted. Voting Aye : Burge Voting No: None Cummings Doughty Marshall Wilkins Board members reviewed the application filed by Mr. Maas, nothing that there would be no violations if the deck. had been constructed only to a height of 6"; that the deck could have been in compliance if 2" x 4" .supports had. been used rather than the 2" 6" supports; that soil conditions. in West Universit were such that the deck would probably be in comp liance after settlement; an that the structure was not visible from the street. Motion by Mr. Burge, seconded by Mr. Marshall, that the variance be granted. Y d Voting Aye: Burge. Cummings Marshall Wilkins Voting No: Doughty The Board was advised that City Attorney Charles Cockrel was in he process of trying to negotiate a settlement in the suit filed against the Zoning Board of Adjustment by Mr. Winfield Campbell, 6135 Fordham 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. ATTEST: Chairman Secretary