HomeMy WebLinkAbout1987 07 09 Board of Adjustment Regular Minutes
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BOARD OP ADJUS'l.'MlWl' MINUTES
July 9, 1981
'lbtMBet1ng .. called to order at 1:00 P.M.
HmSENT iIEftE.:
James Greene, OhainBD, l"l'esSlt
Harry Reid, PrBsm1:
I..-'me GroVe, Vice a.1l'1Rl, Absent
Ric::tJard ._ler, E"reslllt
AI Girda, PI allnt
CITY OFFICIAL:
D. LeBlanc,LarKl Dev'. Ooordinator
.AIxJrcMll of Minutes of Sgecial Meeting of May 21, 1981:
Girda moved to ~ them1nutes of the Special Meeting of May 21, 1981.
SeocI1ded by Kesel_. Vote: Greene: aye; Reid: aye; Grove: 8b8ent; Kessler:
aye; Girda: aye. MDtien carried.
Request of Mr. Harold RathbJrn for a Var.i8nce to Sectien '".33 (2) to reduce
the rear yard setback at 613 Silver creek Drive, Zcmed R-lA, fraB 1:N!nty-five
(25) teet to ten (lO)I.t. 'lbis property is Lot 12, Block D, North Ol'l8ndo
Rmches Sectien 2A, Plat Book 12, Page 40:
LeBlanc gave his presentation. He stated that the garage Mr. RathbJrn is
b1ilding has the ~i$Aioos' aproval to bJ11d this to store his 32 ft. M:>tor
HaDe.
Harold RathbJrn NIB there to speak ~ his request. Rathbarn. stated that if he
em build the garage within the setbKk to the right side of the rear of his
property he wculdn' t have to cut dcHl arFf trees.
Holly Horton ... 1:be1w to apeakegainst the request. Sbe stated that she wou.14
like to .. the woods protected at the rear of her property am. Rathbum's
property. She stated that her _jor ocmcem is that no JK)1'8 trees are out
<bel.
There lt88 discussion about if there are 8Dl trees on the property noN that
ta1ld need to c:aIII! dcMn. to bW.ld the garage. Rathburn stated that the 81Wl
Mwre he ta1ld lilaIt to build is IlCM cleared and has no trees.
Reid DICM!d to awr<Mt the variance under the CODdition that no JlDre trees are
cut daMn and to plant 5 trees, 6 ft. in height to crate a further bl1tfer
bIIbind the garage en the property line, and these trees are to be planted
before ~ of the garage. Seco.rded bV Kessler. Vote: Girda: aye;
Greene: aye; Kessler: 8.'l}It; .Reid: aye. M:>ticm carried.
ftIqu8st of Ms. Barbara A. ClUrstensen and Mr. 3_ H. Newlen ~ a Variance to
sectian '".33 (3) to reduce the side yard setb8ck .in Foxmoor Bast, Zcmed R-lAA,
frea btmty (20) teet to ten (10) feet. i'a1a8oOr BBst will be a Partial Replat
of North OrIamo ftanches Secticm3, Plat Book 12, Page 34 (8OI1t:b and east side
of Edaemcn Avenue betueen BahaIIIIa Road and SUnset Drive):
LeBlanc stated to the Board that he was just inf01"lll8d by the applicant Mr.
3_ ...,lan that the request be brought forth at a later date.
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Board of Adjustll81t Minut8S
July 9, 1981
Page 2
There was discussion em the 1W:;lUIISt to hear the variance NqU8St on a later
date. 'l'be Board decided to vote en tl1bether to hear the reqoest at this. .ti18e.
Vote: Reid: aye; G1l'da: ayw; Greene: nay; Kessler: aye; Grave: absent.
Greene stated that the Board has heard thisitm previc:Jusly, and the Board bas
gcttell the Ci tv Attorney's .opiniem that this it8D doe8n' t ccnrti tute a rezon.tng
cd the Beard can bear 'the NqU8St _ a Var.um.oe for all 34 lots at one time.
Reid asked LeBlanc again if the applicant just tB'ltedto rescbedule the .-eting
8Dd not withdrew the request. LeBlanc stated that yes the applicant just
wanted to rescbedule the request .
Green asked if there .. anyale present to speak for the request.. There.NiIS no
one putsent to speak for the request .
Greene asIa!d if there NilS anyooe present to speak against the request.
Gary Weber, Chirs Williams, Mildred ElI-oiu&tb and Sally Mings spoke against the
request .
'lbere .... discussion on the request . LeBlanc stated that the final plat for
the prqlerty has been ~.
Reid moved to deny the request with the City Attorney's opinion fraa the last
meeting, 44.21 (c) there are 6 lessons to find to grant a variance, and out of
tb:3se 6 reasons there are not 8Dl to quality and _ JllJSt find all to grant a
variance, this is self inflicted. There are other remedies available to the
applicant, they can BBke the lots bigger, this request is not in harmony to the
neighborhood. Seconded by Kessler. Vote: Greene: nay; Girda.: aye; Kessler:
aye; Reid: ayw. Motion carried.
Greene stated that Section 44.22 (1) Appeals for Decisioos of the Board of
Adjustment that any person, or persons, jointly or severally ,aggrieved by any
dllcision of the Board of Adjustment may, wi thin thirty (30) days after the
filing of any decision in the office of the Board of Adjustmlmt, bat not
thereafter, apply to the City COUncil for adlDinistrative relief. Aftera
hearing before the City Council an aggritMld party may, wi thin thirty (30) days
after the decisien of the City COUncil, file an appeal with a court of
CXIIIp8tent jurisdiction over the subject attar.
'!he IIIfJIIti.ng was adjourned at 1: 55 P.M.
Respectfully SUbDitted
Margo Hqitins, Recording Secretary
Board of Adjuatment