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.
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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.
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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 •
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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,