Zoning Board of Adjustments Minutes - 05/16/1990M I N U T E S
Im
ZONING BOARD OF ADJUSTMENT
May 16, 1990
PRESENT
William Kidd, Vice Chairman
Burrell Lacey * Members
Richard Sutherland
Dana Barnett, Alternate 03
David Farabee * Councilor
Roger McKinney, Director of Planning
Subir Mukerjee, Development Coordinator * City Staff
Barbara Bridges, Recording Secretary
ABSENT
Ralph Perkins
Syd Litteken
Edna Boren, Alternate 11 * Members
Jane McCown, Alternate #2
(The Board was composed of only 8 members on the date of this meet-
ing.)
CALL TO ORDER
The meeting was called to order at 1:35 p.m. by Vice Chairman Kidd,
who presided in the absence of the Chairman.
APPROVAL OF MINUTES
It was moved by Burrell Lacey, seconded by Dana Barnett, and carried
unanimously that the Minutes of April 18, 1990 be approved.
WELCOME
Vice Chairman Kidd expressed appreciation to outgoing Council repre-
sentative Ron Buffum, and welcomed the new Council liaison, David
Farabee.
BUSINESS ITEMS
1. V-90-05. Va:
sinuie-zamiiy resiaenLiai zone boundary from 30 feet to
5 feet and reduce the exterior setback from 25 feet to
15 feet at 2215 Shepherd (Lt 14A. Bk 1 W.E.Wilson Add.)
The Board was addressed by Gene Stephens, builder for the applicant,
Ray Simpson. Mr. Stephens described the plans to construct an
interior design studio and carpet sales building. He advised this
would be a brick structure, residential in appearance, and would be
an asset to the neighborhood, generating very little traffic. He
noted that with a 50' wide lot, a 30' setback from one side and a 25'
setback from the other would make it virtually impossible to build
anything without a setback variance.
Item No.,"
Page No. -L
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Mr. Sutherland commented on
the fact that the applicant also owns
the
lot across the street. He
asked why
the applicant did not want
to
build on that lot, as it is bigger.
Mr. Stephens stated that
Mr.
,F Simpson had only recently
obtained all the property of that lot.
Also, only a 1200 sq. ft.
building is
needed, and the value of
the
land must be considered.
Board members had been provided with copies of the response received
from the notification concerned with the conditional use which was
approved for this lot by the Planning & Zoning Commission (subject to
the setback variance). Mr. Sutherland noted that 2 of the 4
responses in favor of the conditional use were from the applicant, as
owner of two properties within the notification area. Mr. McKinney
and Mr. Mukerjee advised that ownership of adjacent property has no
bearing on whether or not the conditions of the lot constitute a
basis for a variance. Mr. Sutherland disagreed, since he stated that
the proposed construction would not need a variance on the other lot.
After further discussion it was moved by Burrell Lacey that the
variance be disapproved because:
- it does not meet the spirit of the ordinance,
- it is not consistent with the intent of the ordinance, and
- the purpose of a residential zone is to provide a residential
area with protection from intrusion, and the lot would abut a resi-
dential zone.
Mr. Sutherland stated that Mr. Lacey would find support for this
motion in Section 7340D, Review and Evaluation Criteria, and Mr.
Lacey concurred. The motion was seconded by Richard Sutherland. The
vote by the Board was 3 in favor of the motion for disapproval of the
request by Sutherland, Kidd and Lacey, and 1 opposed by Dana Barnett.
No other motion was made. Mr. Kidd stated the variance is denied.
2. Adoption of the Rules of Procedure for the Zoning Board of
Adjustment
This business item was postponed until the next regular meeting, as
only a quorum was present.
The meeting adjourned at 2:00 p.m.
�a
May 22, 1990
Willi m Kidd, Vice Chairman Date
Item No. � S
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