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01/22/1976 .J 11.., -'., . . \', t. , , .O..J ")' . ," 'I.. ":,\. ., .. . , .........._iroII'~~..._~........-........-...'""..._ __""'_~_.",...ooI-__ ".. ....,....,. '1'.._, BOARD OF ADJUSTMENT AND APpeALS ON ZOnING January 22. 1976 ~ 'tWii1 Members present: Q. R. Mahan. Chairman John K. Batstone. Vice Chairman Harold J. Itouse Edward It. Nichols Lewis H. Homer Also present: Edwin Blanton, Building Director Sid Snair, Building Official Jack Wolle, Planning Official Guy Kennedy, Jr., Assistant City Attorney The meeting was called to order by the Chairman at 4:00 p.m. Ue outlined the procedure and announced the request of Harold N. Stanley for a 6 ft. setback to erect a two car garage. Building Director Edwin Blanton stated RS-75 zoning re- quires a 15 ft. setback from the rear property line and the owner is requesting a 9 ft. variance. There is a 3 ft. utility easoment at the rear of the property but all power lines will clear the building. Harold Stanley, owner, was prcsent and stated he was requesting a varlanc~ to prcserve the trees on the property. A statement from the Uarbor Oaks Association that they did not oppose the zoning variance requested, and a petition with 17 signatures in favor of the request was read into the record. There were no objections. ::8 Upon consideration of the appeal of Harold N. Stanley from the decision of the Building Official concerning thc' request for a variance to allow for a 6 ft. setback from rear property line to construct a garage and/or accessory building on the east 40 ft. of Lot 16, Harbor Oaks Sub- division, which property is located at 421 Druid Road and is zoned RS-75 (single family), it appearing, after this duly constituted public hearing, that there are practical diffi- culties or unnecessary hardships in the way of carrying out the strict letter of the provisions of the zoning ordinance as it affects such property and that the same can be varied in harmony with the general purposes and intent of the zoning ordinance. Hr~ Batstone moved that such 'appeal be ~ranted in , , ., ~!r~:,;,;,L;~: :,' . <i4'~~'i', r.~,., :'," . " t~i\Iil.\J't,.:p)~~~"~~"::,/~":",,,,,, ..' \ , . A rt~~ '~{\.J'\'.I~""~ >", ~ .} . .' ',. ~'J~~";'i',~;"".t'"^'''':'~ :,','. ',,' ....' .~I{i~~~~1~~7::~;:L\....:';~~' "~\': :':; to,. :...:. '. ",' Ijf~.f~!,~~~_Z~+I~'.t~} ",!.: ~*!"'~'~,~v t :~~, ~,..'~ t .. 'r '., I ;' . . ..:. '.1.' 1-22-76 I' . 'f, ',' .... .ii : .; . ',: . '1',. ;. ~ ' ...... . ~":':'-'f.'J "'~',i.~' " ~ . ,.. .'1 'I t , " ' .'. /< .. ~ ~ . . ... ../ ,.,' accordance with the application submitted therewith, with the provlo1on that the right to obtain a building permit in accordance with such variance shall cease after six (6) months from this date. Hr. Homer seconded tbe motion which carried unanimously. o ' . ITEM a2 - The request of Nicholas Paulus, Jr., to erect a stockade fence within the building setback line. The Building Director stated the zoning ordinance re- quires a fence be placed 25 ft. back of the right-of-way line. This lot is a double frontage lot. There are exist- ing fences on both sides of the property. Nicholas Paulus, Jr., owner, was present and stated he wished to erect the fence for privacy reasons. A letter of approval was read into the record. were no objections. There Upon consideration of the appeal of Nicholas Paulus, Jr., from the decision of the Building Official concerning the request for a variance to allow a 6 ft. high stockade fence within the building setback line on the north side of Lot 9, University Park, Unit One, which property is located at 2174 Campus Drive and is zoned RS-SO (single family), it appear- ing, after this duly constituted public hearing. that there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the provisions of the zoning ordinance as it affects such property and that the same can be varied in harmony with the general purposes and intent of the zoning ordinance, Mr. Homer 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 accordance with such variance shall cease after six (6) months from this date. !fr. Batstone seconded the motion which carried unanimously. The minutes of the meeting of January 7, 1976, were presented. Hearing no objection, the Chairman declared the minutes approved in accordance with copies submitted to each Board member in writing. Mr. Blanton reported the Planning Department is working to change the ordinance regarding double frontage lots. I>> Sid Snair, Building Official, questioned an application for a special exception and a variance being heard at, the same time or if one application could consolidate the two requests. Assistant City Attorney Guy Kennedy stated two applications should be filed but one fee charged and the item be advertised for the two requests. \ ",;. .,\. ~:~.. "'.{ ". . -,:' € iti~i!if{,? . ,2. 1-22-76 : ~, 1 t J ' ~.. ~ ~- ' ;. ":.' II c' ",f. '# .. The meeting adjourned at 4:24 p.m. " '" " ,'[ 0 I " , ' ~ , , , ,f .., " I" \ 1 I" .\ I>. .' /' \ " ' ~ : ." : '; .. :1 -/ \ ,I:, .1 It '0 ~~ . , ..' , /~ Chairma :J> " , ',/,< 'I, .' " ,I . 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