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Zoning Board of Adjustments Minutes - 02/19/1986r- M I N U T E S ZONING BOARD OF ADJUSTMENT February 19, 1986 wo PRESENT Bob Balch, Chairman X Joan Mason, Vice Chairman Imma Jeanne Alexander Bill Rowland Members Richard Sutton, Alternate #1 � William Kidd, Alternate #3 � Syd Litteken, Alternate #4 � Roger McKinney, Director of Planning do Subir Mukerjee, Development Coordinator X Jeanie Thompson, Assistant City Attorney X City Staff Bernice Prchal, Planner II Barbara Bridges, Secretary X ABSENT Robert Seabury David Gossom, Alternate #2 � Members CALL TO ORDER The meeting was called to order by Chairman Balch at 1:35 p.m. APPROVAL OF MINUTES It was moved by Mrs. Alexander, seconded by Bill Rowland, and carried with none opposed that the January 15, 1986 Minutes be approved. BUSINESS ITEMS - PUBLIC HEARING ON VARIANCES Those members voting on all the following business items were Balch, Mason, Alexander, Rowland, and Sutton. 1. V-86-03. Request for alley access to a commercial parking lot (Section 6210(G at 1819 9th Street (Lot 5, Blk 5, Noble & Henderson Subd.) Mr. Mukerjee advised the applicant is proposing to convert a residential structure at the intersection of 9th & Denver to a dental clinic. The entire block is zoned GC, with 11 lots presently using the alley for access. In 40 order to meet the parking requirements, access to the rear of this lot is critical, and the staff recommends approval of the request. It was brought out the other alley access uses were grandfathered; however, it is felt that one additional access would not result in much increase in traffic volume, 40 and the public welfare would not be harmed. Dr. Hor,ice Boston, the applicant, was ;resent and briefly addressed the As Board. After discussion it was moved by Bill Rowland, seconded by Mrs. Alexander, and carried with none opposed that the request be granted. -26- �. I 2. V-86-04. Request to construct a carport which would encroach into the interior side and front setback areas (Section 4220) at 3321 Barrett Place (Lot 19, Blk B, Norris Bros. Subd.) �r Mr. Mukerjee advised the applicant had withdrawn his request, and no action by the Board would be necessary. sr 3. V-86-05. Request to reduce the rear setback line on a commercial through lot from 25' to 10' (Section 4230) at 1006 Wolcott Lane (Lot 7, Blk 1, B.B. Woodall Subd.) rN Mr. Mukerjee advised the applicant desires a reduction of the 25' setback on commercial through lots, which is required because a through lot could front on either street. However, this property will front on Central Freeway, and the rear setback on Wolcott would be at 10'. (Actually, a 5' street dedica- tion will be required as part of the replatting process, and the setback will then be 5'.) Existing rear setbacks along Wolcott are less than 25', including the Subaru dealership at 5'. It was also noted that acquisition for Central Freeway reduced the size of the lot approximately by half. For these reasons, the staff recommended approval of the request. Mr. Manuel Hernandez, the applicant, was present, and addressed the Board briefly. He advised he plans to construct this building to be rented or leased for commercial purposes. After discussion it was moved by Joan Mason that based on the special conditions which exist and the fact that the public welfare would not be harmed, that the IN request be approved. The motion was seconded by Mrs. Alexander and carried with none opposed. 4. V-85-23. Request to rehear this variance application to build a portico which would encroach into the exterior side setback area (Section 4220) & 2401 Marika Circle (Lot 39, Blk 2, Midwestern Park) Mr. Mukerjee advised Mr. A.E. Saikowski has requested another hearing concerning the construction of a portico at 2401 Marika Circle which will extend to the property line along North Elmwood Circle. This item was reviewed by the Board last Ausust and disapproved. Board members were provided copies of various materials relating to the request, including those provided in August. The applicant, Mr. Saikowski, addressed the Board, referring members to his letter, and maintaining the new circumstances for this case include the fact that his clients feel they could never resell the house without the proposed portico, as the house was designed to accommodate a wheelchair. Chairman Balch questioned if in this case, the Board should even be rehearing this business item, as appeal on a decision by this Board should be handled by the courts. Jeanie Thompson, Assistant City Attorney, advised the Zoning Ordinance "is silent" on this issue. However, it is her opinion the Board would want to reconsider particular requests, given a change in circumstances. Mr. McKinney noted Mr. Saikowski was advised he must present additional evidence of a hardship. As at the August meeting, the irregular shape of the lot was discussed. The question was brought up would the shape- of the lot coupled with the desire of th client for this type of arch iIccture constitute a hardship. Ms. FItemNo. my a-27- 7 ge No. Thompson cited rulings in similar cases where the "self -originating expectations of the owner" did not constitute a hardship. After further discussion, it was moved by Dr. Sutton that the application be denied based on the fact that no hardship has been demonstrated, and no new evidence presented. This motion was seconded by Mrs. Alexander, and carried with none opposed. +rr The meeting adjourned at 2:25 p.m. D Bob Balch, Chairman of rr WO 40 to do Item No. -28-/SL Page No.