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Zoning Board of Adjustments Minutes - 01/21/1987M I N U T E S ZONING BOARD OF ADJUSTMENT January 21, 1987 PRESENT Joan Mason, Chairman * David Gossom Robert Seabury * Members Syd Litteken, Alternate #2 * * Subir Mukerjee, Development Coordinator * City Staff Jeanie Thompson, Assistant City Attorney Barbara Bridges, Secretary ABSENT Bill Rowland Richard Sutton William Kidd, Alternate #1 * Members Adrienne Barker, Alternate #3 Richard Sutherland, Alternate #4 e� CALL TO ORDER Chairman Mason called the meeting to order at 1:40 p.m. ' APPROVAL OF MINUTES It moved by Robert Seabury, seconded by David Gossom, and was passed unanimously that the November 19, 1986 Minutes be ii approved. BUSINESS ITEM V-87-01. Variance from Section 6741 Note 2 to allow place- `> ment of an off -premise sign without meeting the 500 feet se aration re uirements at 1525 Old Iowa Park Road recommendation for denial of the Mr. Mukerjee noted the staff request, as it does not meet the evaluation criteria. The hardship cited by the applicant is that the property the existing billboard is located on is owned by the railroad. This does not constitute a hardship, and the applicant was advised of this fact. The applicant was not at the meeting. After discussion it was moved by David Gossom that the request or be denied based on the fact that no special condition was seconded by Syd Litteken, hardship exists. This motion and carried unanimously. V-87-02. Variance from Section 4620, screening requirements, at 2647 Plaza Parkway Chairman Mason noted this was the third time this business item had been brought to the Board. However, she advised one EL of the members would abstain from voting, due to a conflict of Item No. MAN -57- Page No. M interest. Therefore no action could be taken, as this would leave only 3 members to consider the item, while 4 votes are required for any action. This variance request was therefore tabled until the next meeting. V-87-03. Variance from Sec. 4640, additional setback require- ments, to reduce the required 30 feet setback,at 1814 Buchanan Street Prior to this consideration of this item, Mr. Mukerjee advised this was the first meeting involving the notification process. Members were provided copies of the notification response for all requests, including the comments. Response on this request included 4 in favor and 4 opposed out of 27 notifications. Mr. Mukerjee also advised the applicant has requested that consid- eration of this request be postponed, and this would have to be decided by the Board. Chairman Mason called for those members of the audience who wished to speak on this case. Mr. Jack Pierce, representing the Floral Heights Church of Christ, applicant, advised the church requested postponement of the request because their attorney could not attend due to a court appearance. One of the notified property owners was also present, Mr. Herbert Sims, who also stated he would prefer to comment at the next meeting. After discussion, it was moved by David Gossom that the request be tabled until next month. This motion was seconded by Robert Seabury and carried unanimously. V-87-04. Variance from Section 3140(7) to reduce the exterior side setback at 4300 Arnold Drive The Board was addressed by Dan Martini, applicant. Mr. Martini stressed the fact that the street right-of-way in front of his house is 55', whereas the street right-of-way for the other homes in this subdivision is 501. He maintained this fact together with the required 15' side setback prevent him from constructing his home to line up with the lot across the alley. This is depriving him of equal rights, and he wants the extra 5' to be in his back yard rather than in his front yard. Mr. Mukerjee advised the additional 5' was required when Rob Roy Addition was developed. The situation of a variation in street right-of-way width may occur as land develops through- out the city. Mr. Martini can in fact fit his home on the lot without a variance, but requests it only for personal prefer- ence, as there is no unique condition of the property such as unusual size, shape, topography, etc. Also, Mr. Martini was advised he may be able to align him home without a variance if he obtains closure of the additional 5' of right-of-way from the Council, and replats his property to inclde the 5'. This would not be placing an unnecessary expense on Mr. Martini, as ,._-I Item No. -58- I�2 M M No M r- 171 r7 77 No the property must be replatted even if the variance is grant- ed. It was brought out Mr. Martini was advised of this proce- dure both in person, and by means of the Staff Report which is as provided 10 days prior to the,meeting. David Gossom felt the additional right-of-way would constitute VA peculiar circumstances unique and in contrast with that of other property owners in the same district, and therefore the request might be granted. However, the Board would hesitate to grant a variance on this basis, because the same argument Am might be made by other applicants who would not have quite the same circumstances. After further discussion, it was moved by Mr. Gossom that the Board table this variance request until Mr. Martini can pursue the effort to have the excessive right- of-way closed through the Planning & Zoning Commission and the City Council. This motion was seconded by Syd Litteken, and carried unanimously. It was then moved by Mr. Gossom that the Minutes reflect the recommendation of the Board to the Plan- ning & Zoning Commission that they approve the closure of the excessive right-of-way effective to Mr. Martini's property. This motion was seconded by Robert Seabury, and carried unani- mously. U7 M Other Business - Mr. Mukerjee advised the City Council considered the issue of fences in the front setback, but did not pass the amendment. Therefore, this is still disallowed. - Chairman Mason appointed David Gossom as Vice Chairman. The meeting adjourned at 2:30 p.m. l ef Joan -Mason, Chairman Item No. M� -59- Page No.