Zoning Board of Adjustments Minutes - 05/15/1991Fln
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M I N U T E S
ZONING BOARD OF ADJUSTMENT
May 15, 1991
PRESENT
Ralph Perkins, Chairman
Tom Hill
Burrell Lacey * Members
Syd Litteken
Scott Cannaday, Alternate
Roger McKinney, Director of Planning
Greg Humbach, City Attorney * City Staff
Subir Mukerjee, Development Coordinator
Barbara Bridges, Recording Secretary
ABSENT
William Kidd * Member
David Farabee * Councilor
CALL TO ORDER
The meeting was called to order at 1:30 p.m. by Chairman Perkins.
APPROVAL OF MINUTES
Am It was moved by Tom Hill, seconded by Burrell Lacey, and carried with
none opposed that the March 20, 1991 Minutes be approved.
V-91-02. Variance request to allow a carport to within 14.6 ft. from
the front property line at 1921 Perigo Street
The Board was addressed by Douglas Porell, applicant. He stated he
do had constructed a carport without a permit because he did not know
one was required. He chose to construct it in the front because there
is not enough room on the side, and his back yard has many trees
go which he does not want to remove. He did not think being close to
the street would be in violation of anything because the street dead -
ends into grazing property, and there is a wheat field across the
street from his lot. He needs the carport to protect his car from
the sun and possible hail storms.
Burrell Lacey asked Mr. Porell if there would be sufficient room on
the side to install a driveway to the back yard in order to place the
carport there. Mr. Porell stated there would be enough room for the
driveway; however, the car could not get into the back yard due to
the location of a large sycamore tree.
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Mr. Mukerjee reported that the Planning Department has received only
one response from the notification process, which was from the
property owner of 1915 Perigo, who stated she has no objections to
the carport. However, it was brought out that it was a complaint
from a neighbor which caused the citation.
Chairman Perkins asked Mr. Mukerjee to address this request in regard
to the ordinance. Mr. Mukerjee advised that the Board must determine
if some special condition exists such as the size of the lot or the
topography of the land. The carport issue has been debated a number
of times, but whether they should be allowed or not is a legislative
matter and not within the scope of the Zoning Board. Whether or not
the neighbors like it is not an issue. Mr. Mukerjee directed Board
members to Section 7340 of the ordinance, which specifies the
criteria to be used to evaluate a variance request. It is the staff
opinion that this case does not meet any of these criteria, and that
there is nothing concerning the lot on which to base a variance. In
fact, the lot is larger (50' x 1501) than the minimum lot size now
allowed (50' x 1001).
Chairman Perkins asked Mr. Porell if he could present any unique
hardship for the Board to consider. Mr. Porell answered that he did
not know he was violating any rules, and as he has already spent the
money, he appealed to the Board to allow it to remain. It was
explained to Mr. Porell that financial hardship is not a basis for a
variance.
After further discussion Scott Cannaday stated that based on the
information presented, there was nothing specific about the land
which would be a hardship. If the variance had been requested prior
to construction, it would not have been granted, and this is only an
after -the -fact hardship, which does not meet the criteria.
It was moved by Burrell Lacey that the Board disapprove the variance
based on Section 7340B of the ordinance, that no special condition
exists other than financial hardship. The motion was seconded by Syd
Litteken and carried unanimously by vote of Litteken, Cannaday,
Lacey, Perkins and Hill.
The meeting adjourned 1:50 p.m.
al h-'Perkins, Chairman
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