HomeMy WebLinkAboutMinutes_ZBA_10.21.1997 Draft
MINUTES
BOARD OF ADJUSTMENT MEETING
October 21, 1997, 7:00 P.M.
Rex Peebles, Chair, called the October 21, 1997, Board of Adjustment meeting to order at 7:01 p.m.
Other Board Members present were Joe Ogden, Claude Proctor, Charles Parker and Linda Vaclavik.
Larry Brown was absent. Staff members present were Hildy Kingma, Chief Development Planner,
Kim Shaw, Development Planner, Jim Babcock, Development Technician, Wendy Walsh,
Development Planner and Janis Russell, Recording Secretary.
1. Approval of minutes of the September 16, 1997, Board of Adjustment meeting. Claude
Proctor made a motion to approve the minutes as written. Charles Parker seconded the motion
which passed by a vote of 4-0-1. Linda Vaclavik abstained due to her absence at that
meeting.
2. Consideration of and possible action on a Variance to the requirements for fences of the Zoning
Ordinance for Hughes Addition, Block C, located at 1404 Elm Street. Kim Shaw gave the staff report
and passed out a picture of the elevation of the proposed fence. Robert Phipps, the applicant was present and
responded to the Board’s questions. He informed the Board that the fence would not affect the State Historic
designation of this property because it was considered landscaping. Jo Ann Allen, an adjacent property owner,
asked questions of the applicant regarding the height of the fence and whether or not there was a fence on this
property originally. Mr. Phipps responded and Ms. Allen stated that she was not opposed to the request. After the
discussion, Linda Vaclavik made a motion to authorize a Variance to Section 8.303 of the Zoning Ordinance to allow
a 44 inch tall picket fence in the front yards of the Hughes Addition, Block C, located at 1404 Elm Street, as it will not
be contrary to the public interest, because the public convenience and welfare will be substantially served due the
property’s historical nature, and because a strict enforcement of the provisions of the ordinance would result in
unnecessary hardship to this applicant because it would limit the ability to return the historic property to its original
state, and such that the spirit of this ordinance shall be observed and substantial justice done provided that the fence
be erected along the property line as proposed. Charles Parker seconded the motion which passed by a vote of 5-0.
3. Consideration of and possible action on Variances to the side setback regulations of the Zoning
Ordinance for Thousand Oaks Subdivision, Block 7, Lot 9, located at 201 Rockmoor Drive.
Kim Shaw gave the staff report. Mike Tanguay, the applicant, was present to respond to the Board’s questions.
After the discussion, Linda Vaclavik made a motion to authorize Variances to Section 8.202, to allow the dwelling to
protrude 4 inches over the setback on the south side of the property and to allow a concrete boat pad in the setback
on the north portion of the subject property located at 201 Rockmoor Drive, Thousand Oaks Subdivision, Block 7, Lot
Board of Adjustment
Minutes
October 21, 1997
9 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 because a strict enforcement of the provisions of the
ordinance would result in unnecessary hardship to this applicant because no adequate facility to store the boat
would be provided, and such that the spirit of this ordinance shall be observed and substantial justice done provided
that a license to encroach be applied for by December 15, 1997, and approved by the City Council. If the License is
not approved, the Board of Adjustment’s approval will be revoked. Rex Peebles made a friendly amendment to the
motion stating that absent the variance to allow the dwelling to protrude over the setback, the resale of the
property would be prohibited. Claude Proctor seconded the motion as amended, which passed by a vote of 5-0.
4. Consideration of and possible action on a Variance to the fence requirements of the Zoning Ordinance for Block C,
Lot 15, located at 30813 Berry Creek Drive. Jim Babcock gave the staff report. Neal English, the builder,
passed out a photograph of a similar fence to the one being requested. Ann Bustos, a surrounding property owner,
voiced her support of the Variance request. After the discussion, Linda Vaclavik made a motion to authorize a
variance to Section 8.303 of the Zoning Ordinance for the construction of a five (5) foot tall, iron bar fence with stone
pillars into the front building line setback for Lot 15, Block C, Berry Creek, Section One, located at 30813 Berry Creek
Drive 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 because a strict enforcement of the provisions of the
ordinance would result in unnecessary hardship to this applicant because of the decreased size of the side yard, and
such that the spirit of this ordinance shall be observed and substantial justice done provided an iron bar and stone
column fence be constructed as proposed. Charles Parker seconded the motion which passed by a vote of 5-0.
5. Member's reports and comments. None were made.
With no further business, the meeting was adjourned at 7:51 p.m.
/jmr
