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HomeMy WebLinkAboutAgenda_ZBA_12.19.2006Board of Adjustment Motion for item #3 on Dec. 19, 2006 Agenda Watson: Mr. Moore if the decision is that we are going to make is that if we approve the variance that they would never be required to have a sidewalk in front of his church, I would not be in favor of that. I make a motion that the variance be denied. Moore: All right, we have a motion that the variance is denied, do we have a second? Lampenstein: I’ll second it. And I have a quick question on that. Is it, and I know he already made it, there’s no way to change it where the variance is just to not build it at this time but to build it at a later time? Moore: No, that’s not within our . . . . . . (purvue?) Lampenstein: OK, that was my question. Moore: Se we have a motion, Any other comments? We have a motion to deny the variance we have a second. I’ll call for a vote. all those in favor of denial of the variance request, raise your right hand and say I. Watson: I Moore: Two and two. All those in opposed to denying the variance raise your right hand and say I. Opposed to denying the variance. Lampenstein: Uh,eh, yeah it’s. . . . Moore: You have to think about it. OK. Lampenstein: Right. Now if we deny it, the question is if the city, we deny it that means its done you can’t even go back and say if you put up a letter of credit you can build it later on, is that my understanding? Ray: If you deny the variance? Lampenstein: Right, is there any way that if they are willing to put up a letter of credit Moore: Wait a minute, wait a minute, wait a minute, we have a point here that I want to stop. We’ve taken a vote but if we want to backup on that vote you need to say so. Is that what you want to do? Lampenstein: I would just like to for clarification if there’s any way that a letter . . . . . . is that OK? Moore: (at same time) . . . . We are going to revote so just take that off and let me clarify. Go ahead Lampenstein: You understand what I’m saying, is there any way that the city would consider a letter of a credit to do and you’ll have to and I’m saying you’ll have to work it out with the city when the sidewalk gets put in at that point that they feel it’s a need. How would we have to vote in order to do that, that’s what I’m trying . . Laughs. Because of this, you know is there a way to do this? Ray: Bottom line, if you approve the variance that question is off the table. OK. Lampenstein: OK, But if we . . . . Ray: If you deny the variance then we can work with Mr. Holland on a letter of credit and a time frame that we can both agree to. Lampenstein: Oh, OK, I thought it was . . . OK, I’d like to revote then. Ray: He can do that now, on the other hand he can withdraw the application and we can work with him on a letter of credit and the time frame as well. Holland: (from audience not amplified) Bottom line is if you turn it down, they get to negotiate with me, if you approve it I get the opportunity to negotiate with them,. Moore: That’s right but that’s outside what we are trying to decide. I understand what you are saying. Holland: ___________ Moore: I understand. Well, it could be, if you . . . I don’t want to get into it. That really complicates the issue. We have a motion to deny and we have a second to the motion to deny. I will call for another vote. All those in favor of denying the request for the variance say I and raise your right hand. Watson: I Lampenstein: to deny? Moore: To deny the variance? Lampenstein: Right, I Ross: I Moore: We have four. What we’ve done is denied your application for the variance. I don’t know why this got so complicated. It really is ________. Uh. So you’re still obligated to, to comply with the UDC rules and build the sidewalk. The time when you build that sidewalk or uh, any other issues about the sidewalk, the width the length, or anything like that that you want to negotiate with staff, staff is open to do that. What we have said is that sooner or later, someday you are gonna have to build the sidewalk. Is everybody clear on that? Lampenstein: We tried. Moore: Thank you very much.