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HomeMy WebLinkAbout1965-12-15 Minutes221-2 • BOARD OF ADJUSTMENT MINUTES' The Board of Adjustment met at 4:00 p.m., Wednesday, December 15, 1965, in the City Council Room in the City Administration Building. Members present: J. F. Robinson, James Kerlin and J. A. Pennington. Members absent: J. I. Smith and George Bowen. Others present: Applicants: Fred Nettles, Jim McDonald and William Bassett. The meeting was called to order by J. F. Robinson who presided in the absence of Chairman John I. Smith. The first application heard by the Board was that of William Murphy, attorney representing B. E. House and Anthony Iatrechia. Mr. Murphy could not be present; however Jim McDonald attended the meeting. The variation requested was for the use of property located approximately 235 feet east of U. S. Highway 71 North and 155 feet south of East Township Road. The property is zoned C-2 Thoroughfare Commercial District. Mr. McDonald told the Board the variance requested was for the use of a 20 foot private easement which would serve as access to the property and as frontage for the building proposed. Mr. McDonald reported that after the application • had been filed, deeds for dedication of 40 foot street right of way with temporary turn -around had been submitted to the Planning Commission, approved and referred to the City Council with recommendation of acceptance. With the dedication of a 40 foot street, Mr. McDonald pointed out the building proposed would be approximately 5 feet from the right of way in front (west). The zoning ordinance requires a minimum of 15 feet in the front and 10 feet in the rear yard in this C-2 zone. When asked why the building was to be 15 feet from the rear yard, Mr. McDonald replied that the builders (The Automotive Incorporated) felt to prevent a drainage problem and to keep a service drive the 15 feet was necessary. There was further discussion on the drainage problem. Mr. McDonald requested the Board to deny the original request for frontage on private easement but give favorable consideration to authorizing the issuance of a building permit for the construction of the building within 5 feet of the street right of way in front (west). There being no further discussion, the applicant was dismissed. -- 0 The application of Mr. Fred Nettles was reconsidered. Mr. Nettles apologized for being unable to attend the public hearing of November 24. Briefly he explained his application requesting permission to build a duplex upon a lot with only 50 foot street frontage. The property is located on the east side • of Buchanan Avenue and is within an R-3 Multi -Family Residential District. 222-2 Within the R-3 zone the zoning regulations require 60 foot street frontage for a duplex. • Mr. J. A. Pennington asked the applicant if he could purchase more property. Mr. Nettles said he had approached the property owner:to the north. The property owner to the north has built a house on the northern most part of the lot, so there is enough property immediately adjacent to his lot to increase his street frontage without decreasing his neighbors lot size below minimum city requirements. The party to the north, however, does " not want to sell. As the question of purchasing more property was the principal problem, there was no further discussion. The applicant was dismissed. Mr. William Bassett was the last applicant to appear before the Board. Mr. Bassett requested permission to build an addition onto an existing structure located at 230 South East Avenue in a C-2 Thoroughfare Commercial Zone. The northwest corner of the proposed addition would touch the highway right of way. The zoning ordinance requires a 10 foot setback on the side yard of an intersecting street if there is to be no parking on said side yard. Mr. Bassett explained the proposed addition would eliminate a grade problem and a general nuisance. It would also be better utilization of the land. The addition is for the purpose of expanding his kitchen facilities. There was discussion after which the applicant was dismissed. • There was discussion of the application represented by Jim McDonald. J. A. Pennington moved that the Board of Adjustment modify the applicant's request by disapproval of the original request and by authorizing the issuance of a building permit for the construction of the building within 5 feet of the rear (east) yard property line with the 15 feet setback requirement (without parking) from the street right of way for the front yard being observed. The motion was seconded by James Kerlin and passed unanimously. The Board members dial not know the future of the street; therefore it was believed to be in the best interest of the public if the building complied with the front yard setback requirement in the C-2 zone without parking in front. On motion by J. A. Pennington, seconded by James Kerlin, the Board unanimously voted not to approve the request of.Mr. Fred Nettles for a variationcf the requirements of Article V, Section 4, Paragraph 4-d of Ordinance No. 1239, as amended. To approve less than the minimum front- age required by ordinance in the Board's opinion would further congest the neighborhood. James Kerlin moved that the Board approve William Bassett's request for a variation of Article V. Section 7, Paragraph 4-b of Ordinance No. 1239, as amended, and authorize the issuance of a building permit • 223-2 is for the construction of proposed addition which will touch the highway right of tray at one point. The motion was seconded by James Pennington and passed unanimously. There was no further business. The meeting was adjourned. Date: `MaA,� a, 19647 Approved by the Board of Adjustment is 0 Respectfully submitted,