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09/23/1965 ,(, Q o \ \ , II, ( " . ", , i eO' '".1.1; ,'> , , ~ . ~,! .~...~... ~..__........,1...:~."",..>...~.;.. ~~ '. .. ~ . . .. ~ . . :.. .. T,...._.., '.~.~.,/...;~"';~=:".~u'.~..:1.,'~. ......,.. has explosive things stored there; he, asked about the building to be within 6 inches of the lot line; then stated that Tulane Ave. should be paved. }m. Phillips stated that the property, as it now is, is unusable and that the alley is the only access to the property. Upon consideration of the appeal of Metz & White, Inc., from the decision of the Building Inspector con- cerning request to erect storage garages on the North 100 ft. of South 300 ft. of West lq8.92 ft. of E 1/2 of W 1/2 of SW l/~ of SW l/q Section 12-29-1S, zoned R-2 (duplex), it appearing after this duly constituted public hearing that there are not such practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of the zoning ordinance as would justify a variance of such provi- sion and'that the same cannot be made within the intent of the zoning ordinance, l1r. Conway moved that such appeal be denied. 'Motion was seconded by Mr. Mahan. Conway, Mahan, Novotny and Shepard voted "Aye". Marquardt absent. Motion carried. The request of Marion L. VanHorn was considered. Mr. Kenneth A. Sunne, Attorney, representing the applicant presented a picture of the existing building on the corner of Highland Ave. and Barry St. and explained the proposed addition. 'There were no objections. Upon consideration of the appeal of Marion L. VanHorn from the decision of the Building Inspector concerning request to erect a single family apartment addition to existing doctor's office and 3' ft. setback from West property line on Lot lSq, Forrest Hill Estates, Unit 4, zoned PRS (professional and related services), it appearing after this duly constituted public hearing that there are practical difficulties and unnec- essary hardships in carrying out the strict letter of the pro- visions of the zoning ordinance as it affects such property and that the same can be varied within the intent of the zoning ordinance, Mr. Mahan moved that such appeal be granted in accordance with the application submitted therewith, with the provision that the right to obtain a building permit in accord- ance with such special exception shall cease after six (6) months from this date. Motion was seconded by Mr. Novotny. Conway, Mahan, Novotny and ShepaI'd voted "Aye".. MaI'quardt absent. Motion carried. The I'equest of William H. Holzman was consider.ed. Mr. Holzman was present and stated that the setback asked, for would be in line with the o.ther properties. The Clerk read a note in favor from Mr. George B. Cassell, ,801 Eldorado Ave. There were no objections. Upon consideration of the appeal of William H. Holzman, from the decision of the Building Inspector concerning request for 10 it., setback from Eldorado' Ave. for Lot 4, Block 5, Mandalay Sub. zoned R-lE (single family), it appearing afte~ this duly constituted public hearing that there are practical diffi- culties and unnecessary hardships in carrying out the strict letter of the 'provisions of the 'zoning ordinance as it affects such,property and ~hat the same can be varied within the intent ", , , ~;~j~WiZ(: ,;.,!;",,i,.,,.,: 2". . I 9-23-65 : " /fJ7 ~ .' ' ~ . p, . '".l.. .. ,> ~ ~;'~~; ':. ,~ :,::.~:}:~';'; i.' ,,' , ~ : ,\ t:: . . .' .. ~. ,.... ,. I:~. ~ ' , 'I' \ '. , , , ~~!f.1.Jr:"F"T*~~~._'n'''IIJ-. ~~"''''!'l:M"~~~'\.u.___.u..__''~'''' i....;.-,;,_.;..::.....~l..:..:..:.;;::..~-..-...H,..._........ . ,r...,.:..'.....a.'.'................ o . " , . .; .~:-, . , ..;. 'L.. .'_'J ' ~, : , It ::', :" .'<"'..r ,. , , . ~' . .:<:,<F(~t~: (< ,'..:..'.'~~..,.. ~ ',>..(~f;:I;~~:Lt.. ~ L;~~ :';'it;~~t t; J;I~\..;,~~~~~, ':,,:L~', rt.\ L~\..r~~\M? t\. ~'~~~\) .~. t;j' ~\ ,: /1;1 of the zoning ordinance, Mr. Mahan moved that such appeal be granted in acco~dance ~ith the application submitted therewith, with the provision that the r~ght to obtain a building permit in accordance with such special exception shall cease after six (6) months from this date. Motion was seconded by ~. Novotny. Conway, Mahan and Novotny "Aye". Shepard did not vote. Marquardt absent. Motion carried. The request of Dimmitt Rentals, Inc., was considered to erect addition to existing non-conforming shop building on East 1/2 of Lots 8 and 9, Block 3, Wallace" s Addn., zoned R-" multi-family). Mr. Charles George, Attorney, representing the applicant presented copies of map Showing zoning of area'; stati~g this land has no other, use; it was purchased when it was zoned commercial and would be used for repair of cars, engines, et cetera. Mr. George Routh, Attorney, ~epresenting ~ M~s. Rita Bobbitt and other area residents, spoke in opposition stating this request would be detrimental ~o the health of the residents of the area; stating that ~~s. Bobbitt has occupied an adjaoent house for 20 years; presented a petition with 14 signatures and stated that it was only a monetary hardship to Mr. Larry Dimmitt, Jr., owner of Dimmitt Rentals, Inc.,;, but if granted would be a physical hardshi~ to Mrs. Bobbitt; stated'the applicant has a building approx~ately 20 ft. high on the North and this would fence her in on the East also; and that Mr. Dimmitt filed a law suit against Mrs. Bobbitt to take ~ ft. of her property that she has paid taxes on for 20 years. Mr. Marvin Lassiter, son-in-law of Mrs. Bobbitt, spoke in objection saying this has been a source of harassment, worry and uneasiness to'all the neighbors in the area, who have little defense escept the zoning requirements. The Clerk read the petition presented by Mr. Routh in objection. Mr. George asked to withdraw the application. The Chairman announced that the request had not been properly advertised, and had suggested its withdrawal. Mr. Novotny moved that the request to withdraw the application be granted. Motion was seconded by Mr. Conway. Conway, Mahan, Novotny and Shepard voted "Aye". Marquardt absent. Motion carried. The request or James W. Casey, etal was considered. Mr. Robert S. Keister, Realtor, representing ~he applicant, stated that he tried to sell it for a residence for a year and was unable to do so due to usage of property across the street and the traffic. He reported that a manufacturer's representative handling large equipment proposed using the property and that no ~quipment would be stored and that' a secretary would be the only occupant most of the time; that there would be 'no signs and no additions to the building. Upon a question Mr. Keister stated that there was space for at least 3 cars on the property, possibly 4 spaces. He also stated that the property could be ;~. t::~"~:'J 'c i1);;}>::f~S'~>~:::'; :> r:./!;..,.f:.:+~:,(\.. +~~ . 1 }","'" ~L ,... . . '. , 3. 9-23-65 I i -..:. ".t..'... .~... ~;- > ." ,. .' :,""4...., ,..~. 1.'..... lio" ".'.'"" ..:.... ,'".jllo..... :....... '; '.'... .. ,\ ' " F ,~. . Ir ~ S\ .. ., '.' I, , " \' ; , i~<~ " '\.....'_..... ~.._" "'. .--'-"'....~""'""'"~~...:;:.........:.........;,;~~~:_..._.-...:'L....~~~....._...... ~,~. ..... 'JI~..., . . J ... .' 0'- /07 o used fo~ a high rise apartment as p~esently zoned. The Clerk read letters of objection from M~s. William F. Gaul and her daughter, co-owners of nearby prope~ty, Mr. Luke B., Staley, . Mrs. Erna M. POlleit, and Mrs. Ellen Combee. Upon considera- tion of the appeal of James W. Casey, etal, from the decision of the Building Inspector concerning request to use residence on Lot 9, Block E, Breeze Hill Sub. for office of manufacturer's re~resentative, zoned R-4, it appearing after. this duly oon- st1tuted public hearing that theve are not such practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of the zoning ordinance as would justify a variance 'of such provision and that the same cannot be made within the intent of the zoning ordinance, Mr. Conway moved that such appeal be denied. Motion was seconded by Mr. Novotny_ Conway, Mahan, Novotny and ShepaI'd voted "Aye". absent. Motion carried. Marquat'dt- The minutes of the meeting of August 26th, 1965 were presented for appl'oval. Hearing no objections, the Chairman declared the minutes approved' in accordance with copies submitted to each Board member in writi~g. Mr. James A. Novotny vacated his Chair and asked permission to address the Board. Mr. Novotny requested a 6 months exten- sion of time for issuance of building permit wherein the Board granted a variance in setbacks on April 8, 1965 to Charles S. Lowry for Lots 48-52 inClusive, Lloyd-White-Skinner SUbdivision. He explained that he and his son had purchased the property with delays in completing the transaction and fUl'ther delays in finalizing plans. Mr. Mahan moved that the special exception granted on April 8, 1965 to Charles L. Lowry for setbacks be extended for an additional 6 months as of this date. Motion was seconded by Mr. Conway. Conway, Mahan, and Shepard voted "Aye II,. ,Novotny did not vote. Marquardt absent. Motion carried. There being no further business, the meeting adjourned at lO:~S P.M~, upon a motion by Mr. Conway. ' ~1Y-<-~ . Board. I l.;,:l:: ~~i~H~':kt:.:~: .':,. :,' . . . ..' .' , , 4.~ 9';'23-65 ;.~. , , .;.. <",,",~:J <It,i'.,........... 1t\.........~...~ ,......;....-'::"~~....,....: : ;,.