HomeMy WebLinkAbout1955-10-18 Minutes40
MINUTES OF THE MEETING OF THE BOARD OF ADJUSTMENT
October 18, 1955- Council Chamber
Present: Absent:
Mr. Clarence Young
Mr. Witt Carter
Harold E. Lieberenz
Mr. Carol Tune
Mr. L. M. McGoodwin
Mr. Heydon Lewis
Building Inspector.
Applicant for Variance
Mr. Jack Burge Appeared in behalf of Mr. Tune
Mrs. Shirley Santifer Secretary
Mr. J. R. Crocker, Sr.
The Chairman, Mr. L. M. McGoodwin, called the meeting to order and asked
the Secretary to read the minutes of the prdvious meeting held September
27, 1955• The minutes were read and stood approved with one correction.
Mr. Harold Lieberenz, Building Inspector, was asked to present Mr. Tune's
application for variance and explain just what he wished to do.
The variation requested by Mr. Tune to the zoning ordinance is for the use
of the property located on the corner of Holly Street and Leverett Avenue
This property is locate d in a "G" Industrial area.
•- Mr. Tune requests permission to build a residential garage on the North
side of his residence located six (6) feet from the property line on
Holly Street. The ordinance requires that the garage be back at least
twenty (20) feet from the property line. Also that the garage will be
only five (5) feet from the residence and the ordinance requires at least
ten (10) feet.
Mr. Young asked Mr. Lieberenz what the minimum required for rear yard
space was in this area.
Mr. Lieberenz replied that for a residence building in any zone in the
city the required distance was 25 ft.
Mr. Young stated that the reason he inquired was that he noticed the
forty (40) feet that Mr. Tune had for backyard space, and wondered how much
was required for an industrial area.
Mr. McGoodwin asked the question if Mr. Tune were building an Industrial
building would there be any restrictions as to where he could place
the building.
Mr. Lieberenz stated that there would be several small,restrictions, but
in some cases he would not be required to have thatimmch space. He also
stated that for Industrial buildings no rear yard would be required except
where the "G" Industrial district abutts on a residential district in
which case there shall be a rear yard of not less than ten (10) flet. Also
for this type of building no side yard would be required except where the
"G" Industrial district ajoins a residential district inwhibh case there
shall be a side yard of not lebb.than four (b) feet.
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Mr. McGoodwin asked Mr. Lieberenz his reason for refusing Mr. Tune the
permit.
Mr. Lieberenz stated that he had refused the permit due to the fact that
he would not be twenty (20) feet from the property line, and also because
the garage would be located closer to the residence building than the ten
(10) feet required by the Zoning Ordinance.
Mr. Young realizing the fact that it was a minor point asked Mr. Tune if'
there was anywhere else on the lot that he could build without being
crowded.
Mr. lune stated that there was no question as to whether he would have
enough room. He said that he could move on a separate lot altogether, but
he did not want a garage that far from his residence.
Mr. lune said, "At the present time there is a 2000 gallon septic tank which
serves my residence and the industrial building to the west. This tank and
a 100 ft. radio tower in the rear yard of my residence would make it im-
possible for me to move my garage any further to the South away from Holly
Street."
Mr. McGoodwin asked Mr. Burge if there was any section in the Ordinance
that he felt could be used as a basis for the Board granting this variance.
Mr. Burge then read the last paragraph of Section 15 of the Zoning Ordinance
1002 which was as follows:
When a property owner can show a strict application of the
• terms of this Ordinance relating to the use, construction
or alteration of buildings or structures or the use of lard
will impose upon him practical difficulties or particular
hardship, then the Board may consider and allow such varia-
tions to the strict application of the terms of this Ordi-
nance as are in harmony with its general purpose and intent
when the Board is satisfied, upon the evidence heard before
it, that a granting of such variation will not merely serve
as a convenience to the applicant, but is necessary to alle-
viate from the compreshensive plan created and set forth by
these regulations and in the following instances only:
Mr. Burge also read Paragraph #3 of these instances which was as follows:
To authorize a variance where, by reason of exceptional
narrowness, shallowness or shape of a specific piece of
property of record on the date of the passage of this ordi-
nance, or by reason of exceptional topographical conditions
or other extraordinary or exceptional situation or condi-
tion of a specific piece of property, the strict applica-
tion of any provision of this ordinance would result in
peculiar and exceptional practical difficulties and par-
ticular hardship upon the owner of such property and amount
to a practical confiscation of such property as distinguish-
ed from a mere inconvenience to such owner, provided such
• relief can be granted without substantial detrimentto the
public good and without substantially impairing the gen-
eral purpose and intent of the comprehensive plan as estab-
lished by the regulations and provisions contained in this
Ordinance.
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•
Mr. Burge also
stated
that the
other
houses along
Holly to
the
Nest
were as close
to Holly
Street
as Mr.
Tuen wished
to build
his
garage.
Mr. McGoodwin said that the Board could not base their decisions on
things that were already in existence at the time the Ordinance was
passed. He stated that the Board had to have a reason for granting
the variances for permits, and that they had to see that the neighbor-
hood was kept clean without slums so as to protect the people and the
health of the public. They also were to keep people that were building
from infringing on others.
Mr. lune stated that there was no wgy that this would endanger the
health of the public, because there would be no crowdedeonditions
envolved.
Mr. McGoodwin said, "Where there might be crowded conditions in some
places under similar conditions it is not true here. In this instance
your residence is about 90 ft* from the property line on Leverett Ave.
He then asked if there were any more remarks or questions.
Mr. Young
asked
if there
had been any objections
from any of his neigh-
bors, and
there
had been
none.
Mr.
There being no further questions a vote was indicated and roll was
calleda
Mr.
McGoodwin
Aye
Mr.
Young
Aye
Mr.
Lewis
Aye
Mr.
Carter
Aye
The application was granted.
There being no further business the meeting was adjourned.
.S40