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