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MINUTES
BOARD OF ADJUSTMENT MEETING
April 21, 1998, 7:00 P.M.
Patrick Walsh, Vice-Chair, called the April 21, 1998, Board of Adjustment meeting to order at 7:05 p.m. Other Board
Members present were Joe Ogden, Charles Parker and Gerald Carson. Rex Peebles arrived late and took over chairing
the meeting. Staff members present were Wendy Walsh, Development Planner, Kim Shaw, Development Planner, and
Janis Russell, Recording Secretary.
1. Consideration of and possible action on the minutes of the March 17, 1998, Board of Adjustment meeting.
Gerald Carson made a motion to approve the March 17, 1998, Board of Adjustment minutes as written. Joe
Ogden seconded the motion which passed by a vote of 5-0.
2. Consideration of and possible action on a Variance to the requirements for lot coverage of the Zoning
Ordinance for Berry Creek, Section Four, located on Briarcrest Drive, Hacienda Lane, Ledgemont Lane,
Briarcrest Court and Hamlet Circle. Kim Shaw gave the staff report. Robert Wunsch, the applicant was
present and concurred with staff. Jack Hunnicut, the builder of the development, was present also. After the
discussion, Gerald Carson made a motion to approve a variance to Section 2.0203 1.C. of the Zoning Ordinance
to allow 47 percent lot coverage for Berry Creek, Section Four as it will not be contrary to the public interest,
due to the following special condition: As a yet to be developed area, the change in coverage would conform to
the surrounding lots already developed; and because a strict enforcement of the provisions of the ordinance
would result in unnecessary hardship to this applicant being the need to reconfigure the individual plats for the
entirety and to the developed subdivision and the loss of time and cost to the builder due to no fault of his own;
and such that the spirit of this ordinance shall be observed and substantial justice done. Charles Parker
seconded the motion which passed by a vote of 5-0.
3. Consideration of and possible action on a Variance to the requirements for fence height of the Zoning
Ordinance for Glasscock Addition, Block 25, Lots 3, 4 and a portion of Lot 2, located at 409 E. University
Avenue. Kim Shaw gave the staff report. Sherri Babcock, owner, was present and concurred with the staff
report. After the discussion, Gerald Carson made a motion to approve a variance to Section 8.303 of the
Zoning Ordinance to allow a 4 foot lath or picket fence to be constructed in the front yard adjacent to
University Avenue at 409 E. University Avenue as it will not be contrary to the public interest, due to the
following special condition: The efforts to date by this applicant to maintain the beautiful original nature of this
historic home will only be enhanced by the restoration of the previous fence; and because a strict enforcement
of the provisions of the ordinance would result in unnecessary hardship to this applicant being the historic
nature of the home would not be maintained defacto and such that the spirit of this ordinance shall be
observed and substantial justice done subject to the following limitation: strict compliance with the known
previously existing fence in structure and quality. Patrick Walsh seconded the motion which passed by a vote
of 5-0.
4. Consideration of and possible action on a Variance to the requirements for off-street parking of the Zoning
Ordinance for Outlot Division C, Block 22 (PT), .16 acres, located at 207 Elm Street. Kim Shaw gave the
staff report. Robert Lane, Power of Attorney for the applicant, Effie Brooks, was present and concurred with
staff. After the discussion, Gerald Carson made a motion to approve a variance to section 7.101, A. of the
Zoning Ordinance to allow parking to encroach into the front yard setback by 8 feet, as it will not be contrary
to the public interest, due to the following special condition: the encroachment will not exceed those in
Board of Adjustment
Minutes
October 21, 1997
neighboring yards in which similar encroachments exist, therefore no neighborhood practice will be violated;
and because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to this
applicant being: the applicant’s physical condition created by no choice of her own, would require her to
relocate, leave her home, find new housing and adjust to new surroundings just when she must appear to be
entering a new pattern in her new lifestyle and such that the spirit of this ordinance shall be observed and
substantial justice done. Joe Ogden seconded the motion which passed by a vote of 5-0.
5. Consideration of and possible action on a Variance to the requirements for parking space requirements of the
Zoning Ordinance for Sierra Vista, Section One, Block D, Lot 6, located at 202 Tamara Drive. Kim Shaw
gave the staff report. The applicant was not present. Denise Brandon, a surrounding property owner, voiced
her concerns regarding erosion into the drainage ditch from the structure which may block the ditch down
stream. After extensive discussion, the Board requested that staff research the circumstances surrounding the
enlargement of the drainage swale from what’s shown on the plat. Gerald Carson made a motion to table this
item until the owner can present the inclination pertaining to this request and provide possible alternatives to
the Board. Charles Parker seconded the motion which passed by a vote of 5-0.
6. Consideration of and possible action on revisions to the Board of Adjustment By-laws. Gerald Carlson made a
motion to recommend that City Council revise the By-laws for the Board of Adjustment to be consistent with
State law which requires four positive votes from the Board to authorize a variance to the Zoning Ordinance.
Patrick Walsh seconded the motion which passed by a vote of 5-0.
7. Members’ comments and reports. None were made.
With no further business, the meeting was adjourned at 7:53 p.m.
/jmr