HomeMy WebLinkAbout1955-07-26 MinutesE-1
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MINUTES OF THE MEETING OF THE BOARD OF ADJUSTMENT
July 26, 1955
Present:
Mr. Clarence Young
Mr. Heydon Levis
Mr. Adron Bell
Mr. Wallie Ingalls
Mr. Vernon Anderson
Mr. L. M. Mc Goodwin
Mr. J. R. Crocker, Sr.
Applicants for Variation
Absent
Mr. Witt Carter
The Chairman, Mr. L. M. Mc Goodwin called the meeting to order and asked
the Secretary to read the minutes of -the last meeting held May 27, 1955
which were read and approved.
The first application for variance was that of Mr. Adron Bell of 205
South West Street. Mr. Bell wished to build a 12 by 18 foot Carport on
the front of his house. The house sits squarely in the middle of his
lot with 8 feet between the house and the property lines. There is a
four foot rock wall on each side property line, the space between the
house and rock walls not being sufficiently wide for a driveway. There
is no alley. The house has an 8 foot front porch which is 20 feet from
the front peoperty line. 11r. Bells original plan would have placed the
carport two feet from the frontr�property line. Mr. Lieberenz felt that
two feet would be too close to the property line and refused the permit
as being too close. fir. Bell modified his plan, offering to use 8 feet
of his porch as part of the carport, placing the carport 10 feet from
the front property line.
Mr. Young asked if Mr. Bell had consulted his neighbors about the carport
projecting so far toward the street. Mr. Bell had not, but there were no
objections voiced at his plans. Mr. Crocker asked about obstructing the
view. The hill side itsself obstructs the view from the south. Mr. Bells
house is above the house on the south and below the house on the north.
Lr. Mc Goodwin said if the house were on level ground there would be no
question of refusal, it would change the entire contour of the street.
In the discussion it was agreed that an application could not be granted
on the basis that a man used all his ground to build his house, however
the location and terrain have a great bearing, because there being no
alley, Mr. Bell has no access to his rear yard, in which case a denial
would mean that a man would be deprived of the use of his property.
The Board was out of authority to grant permission on the first appli-
cation which would have placed the carport two feet from the property
line. With the submission of the application permitting the 8 foot
porch to be used placing the carport 10 feet from the property line,
the Board indicated it was ready for a vote. Roll was called:
Mr. Levis Aye Mr. McGoodwin Aye
Mr. Crocker Aye Mr. Young Aye
The application was granted.
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The second application for variance was that of 2,9r. Wallie Ingalls, 444
North Walnut Avenue. Mr. Ingalls wishes to remodel his residence in
such a way that the building will be closer to the rear property line
than the 25 feet required by the zoning ordinance. Mr. Ingalls garage
is 11 feet from the rear property line and about four feet from the side
property line. When the garage is attached to the residence it becomes
a part of the dwelling and should be at least five feet from the side
property line and 25 feet from the rear property line.
The question was asked whether any of the new construction would be closer
to the rear property line. The answer was no. No part of the building
would be extended closer to either property line. The remodeling of the
garage would be done. inside the original structure. The porch would be
built in line with the rear and south building line of the present resi-
dence. Na part w$ tip ksXXtI12 a axt2EX92= tm tka aES8deama
XMLI d ka baa to tka pxm szr c tncmm jd a is akImm bac tka madaanuum.
Asked if the neighbors objected, Mr. Ingalls neighbors had been contacted
and were agreeable to the change.
The technical interpretation by the Board of the ordinance was that there
was no violation of the ordinance, because no part of the actual new con-
struction extension to the residence would be closer tbathe property line
than is allowed by the ordinance. The Board indicated they were ready to
40'
' vote. Roll was called:
:Sr. Young Aye
Mr. Mc Goodwin Aye
The application was granted.
Mr. Crocker, Sr. Aye
Mr. Lewis Aye
The third application for variance was that of Mr. Vernon Anderson. Mr.
Anderson desires to build a carport on both the east and west side of a
duplex dwelling, located at 217-219 Louise Street. The carport on the
west satisfies the 'Zoning Ordinance, the one on the east extends to the
property line.
After examination of the sketch by the Board, Mr. Anderson was asked if
his neighbor on the east objected to the building. Mr. Anderson said
on the contrary his neighbor thought the carport would be to his advantage
by keeping water from draining on his land. Mr. Anderson was asked if
he could honestly think of any reason the application should be granted
under the existing cirmstances. Mr. Anderson said his tenants would
like shelters for their cars and he would like to build identical car-
ports for them.
Asked about building them in back of the duplex, ;r. Anderson said it
would mean knocking out an 1811 retaining wall and excavating back into
. the slope of the hill in hisi,back yard -and having the driveways on a con-
siderable slope. The suggestion was made that he might do a small amount
of excavating and have a slightly sloping driveway. According to the
ordinance, pure convenience and money saving is not acceptable for vari-
ance. Mr. McGoodwin .stated that it dms;-ndt appear on evidence that there
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is any reason to grant the application even though Lor. Uhl, his neighbor
on the east is agreeable. It is strictly against the City Ordinance and
to grant the application would be to set a precedent and others might
ask the same favors, which would be a detriment to the beauty of the city.
It was suggested that Mr. Anderson try to buy five feet parallel to his
driveway from Lor. Uhl and if successful, apply again for a permit.
A vote was indicated and roll was called:
ISr. McGoodwin No
Mr. Lewis No
The application was denied.
was adjourned.
Approved: ( It, /f/�
Mr. Young No
Mr. Crocker No
There being no further business the meeting
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