HomeMy WebLinkAboutMinutes_ZBA_08.19.1997 Draft
MINUTES
BOARD OF ADJUSTMENT MEETING
AUGUST 19, 1997, 7:00 P.M.
Rex Peebles, Chair, called the August 19, 1997, Board of Adjustment meeting to order at 7:02 p.m. Other Board Members
present were Joe Ogden, Claude Proctor, Cal Wilkerson and Linda Vaclavik. Charles Parker and Larry Brown were
absent. Staff members present were Ed Barry, Director, Wendy Walsh, Development Planner, Kim Shaw, Development
Planner, Sheree Rabe, Assistant City Manager and Janis Russell, Recording Secretary.
1. Approval of minutes of the June 17, 1997, Board of Adjustment meeting. Claude Proctor made a motion to
approve the minutes as written. Joe Ogden seconded the motion which passed by a vote of 3-0-2 (Cal
Wilkerson and Linda Vaclavik abstained due to their absence at that meeting).
2. Consideration of and possible action on a Variance to the Setback Requirements of the Zoning Ordinance for part
of Lots 3, 4, 5 and 6, Block 8, Glasscock Addition, located at 207 E. 10th Street. Wendy Walsh gave the staff
report. Jim Keys, agent for the applicant, addressed the Board. Rick Cody, the applicant, briefly addressed the
Board. After the discussion, Linda Vaclavik made a motion to approve a variance to Section 2.0203.1.b., to
allow a carport and storage area to encroach five feet into the seven foot side (west) setback, to Section
2.0203.1.c., to allow the impervious cover to exceed 30 percent, located at 207 East 10th Street as it will not be
contrary to the public interest due to the following special conditions: it will not detract from the neighborhood
aesthetics and it will allow for fire safety requirements to be met; and because a strict enforcement of the
provisions of the ordinance would result in unnecessary hardship to this applicant being the lack of off-street
parking and storage usually lacking in older homes; and such that the spirit of this ordinance shall be observed
and substantial justice done subject to the following limitations: move the structure over one foot towards the
house and use pavers to meet impervious ground cover regulations. Claude Proctor seconded the motion.
After further discussion, Linda Vaclavik made a friendly amendment to her motion to state that the carport and
storage area be allowed to encroach four feet instead of five feet into the seven foot side (west) setback. The
motion passed by a vote of 4-1, with Cal Wilkerson opposed.
3. Consideration of and possible action on a Variance to the Fence Requirements of the Zoning Ordinance for Lot 5
and a part of Lot 6, Block 10, Nolen Addition, located at 1608 E. 17th Street. Wendy Walsh gave the staff
report. Emily Northrup, the applicant, addressed the Board and handed out exhibits for their review. After the
discussion, Linda Vaclavik made a motion to approve a variance to Sections 2.0203.1.a., 6.102, and 8.303 of the
Zoning Ordinance for the construction of a six foot tall privacy fence into the front and side-street setbacks for
Lot 5 and a portion of Lot 6, Block 10, the Nolen Addition, located at 1608 E. 17th Street as it will not be
contrary to the public interest because the appropriate use of surrounding property will not be substantially or
permanently impaired or diminished and the applicant has not created the hardship from which relief is sought;
and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this
applicant being the lack of privacy; and such that the spirit of this ordinance shall be observed and substantial
justice done subject to the following limitations: the fence be built as submitted with a 15 foot setback. The
Board agrees and adopts the finding of fact as submitted by the applicant. Cal Wilkerson seconded the motion
which passed by a vote of 5-0.
4. Member's reports and comments. Ed Barry introduced Kim Shaw, the new Development Planner.
With no further business, the meeting was adjourned at 7:45 p.m.
/jmr