03/11/1976
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BOARD OF ADJUSTMENT AND APPEALS ON ZONING
March II, 1976
Members present:
Q. R. Mahan, Chairman
John K. Batstone. Vice-Chairman
Harold J. House
Edward H. Nichols
Lewis H. Homer
Also prosent:
Edwin Blanton, Building Director
Sid Snair, Buildinr, Official
Jack Wolle. Planning Offieial
Guy Kennedy, Jr., Assistant City Attorney
The meeting was ealled to order by the Chairman at 4:00
p.m. He outlined the procedure and announced the request of
Kenneth G. Plummer for a special exception to permit a
phYSiCian's office in an RM-28 zone.
The Building Official stated the zoning ordinance allows
this 8S a special exception in RM-28 zoning, and that the
applicant will move the existing residence and garaRe from
the property.
George Haddox, Architect. representing Dr. Plummer, said
the special exeeption waa requeated because it is in conform-
ance with actual land use 1n the area.
There were no objectfona.
,e
Upon consideration of the appeal of Kenneth G. Plummer
from the decision of the Building Official concerning a
special exception to allow for erection of physician's office
upon Lot 8, Bluff View Subdivision, which property is located
at 416 Jeffords Street and 1s zoned RM-28 (multi-family), it
appearing, after thia duly constituted public hearinR, that
the proposed use is consistent with the general ~on1ng plan
and with the public interest, Mr. Nichols moved that said
appeal be Rranted in accordance with the application sub-
mitted therewith, with the provision that the rir,ht to obtain
a building permit in accordance with said special exception
ahall cease after six months from this date. Motion was sec-
onded by Mr. Homer and carried unanlmouBly. '
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The Chairman then presented the request of Dr. Plummer
for a variance of 4.67 ft. on the side lot lines of the same
property.
The Building Official stated RH-2B zoning requires a 15
ft. setback from side lot lines. Hr. Haddox requested to
amend the request to a 5 ft. variance on each side, thereby
al10winR the setback to be 10 ft. on each side. The Chair-
man questioned the City Attorney regarding the effect on the
advertisement by the purported chanRe. The City Attorney
stated the variance was omitted from the advertisement and
requested Mr. Haddox amend the oriRina1 application from 4.67
to 5.00 ft. variance for the east and west side lot lines.
The application was so amended.
There were no objections.
Upon consideration of the appeal of Kenneth G. Plummer
from the decision of the Building Official concerninR the
request for a variance to allow for a 10 ft. sethack from
either side line as opposed to the 15 ft. required by the
ordinance for the construction of a physician's office on
Lot B, Bluff View Subdivision. which property is located at
416 Jeffords Street and is zoned RM-2B (multi-family), it
appearing, after this duly constituted publiC hearinR, 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 Reneral purposes
and intent of the zoning ordinance, Mr. Homer moved that
such appeal be Rranted 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. Motion was
seconded by Mr. Batstone and carried unanimously.
ITEM 02 - Request of Edwin R. Heeringe for 3 ft. variance
to erect a screened room on Lot 15, Solar Crest Subdivision.
The Bui1dinR Official reported Lot 17, two lots west of
subject property, is zoned RS-50. requiring a different set-
back than Mr. HeerinRa's Lot 15 which is zoned RS-75. Several
acres of church-owned land are contiguous to the rear lot
line. The zoninR ordinance requires a 15 ft. rear line set~.
back and a 12 ft. setback (3 ft. variance) is being requested.
EURene B. Sciulli, of Housemaster Aluminum Systems,
represented the owner and showed photoRraphs to present the
problem.
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3-11-76
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A letter from E. Ruth Dole in support of the request
was read.
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There were no objections.
Upon consideration of the appeal of Edwin R. Heeringa
from the decision of the Bui1dinR Official concerning the
request for a variance to allow for a 12 ft. rear setback to
erect screened room and adjacent patio on Lot 15. Solar Crest
Subdivision. which property is located at 1441 Regal Road and
is zoned RS-75 (single family), it appearing, nfter this duly
constituted public hearing. that there are practical diffi-
culties or unnecessary hardships in the way of cnrrying out
the strict letter of the provisions of the zon1n~ 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. House moved that such appeal be ~ranted in
accordance with the application submitted therewith, with the
provision that the riRht to obtain a building permit in
accordance with such variance shall cease after six (6)
months from this date. Motion was seconded by Mr. Nichols
and carried unanimously.
ITEM 03 - Request of Edward S. Aronoff for 21 ft. set-
back from Brookside Drive to erect residence on Lot 4, Lake
Le1a Manor. 1st Addition.
The Building Official stated this corner property re-
quires a 30 ft. setback facinp, Brookside Drive. The request
is for a 21 ft. setback, with the building proper at the 25
ft. line with 4 architectural columns requiring a 4 ft. con-
crete support slab in front of the bui1dinR. An oak tree
deters construction without this variance.
The owner stated that this property. when a part of the
County, held a 25 ft. setback and neighborin~ properties on
Brookside Drive were built with that required 25 ft. set-
back. To obey the City's 30 ft. setback requirement would
not conform to the uniform setback of the existing properties
and the roots of the oak tree might be jeopardized.
A letter of no objection from four people owning contig-
uous propert:, (Donald E. Snodgress. Jody LeCher, Thomas H.
Sutherland ~nd B. D. Mcquinn.) was read.
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There were no objections.
Upon consideration of the appeal of Dr. Edward S. Aronoff.
from the decision of the Building Official concerning the
request for a wariance to allow a 21 ft. setback from Brookside
Drive to erect a residence on Lot 4. Lake Lela Manor. 1st
Addition. which property is located on the northwest corner
of Brentwood Drive and Brookside Drive and is zoned as-lOO
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3-11-76
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(single family residential), 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, Mr. Batstone 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 dote. Motion was seconded by Mr. Homer Bnd carried
unanimously.
ITEM 14 - Request of Wanda Ridenour for special exception
to permit a beauty shop in PS zoning (professional services),
Lots 16 and 17, Barrett Manor Subdivision.
The Building Official stated the zoning ordinance for
PS zoning does not list a beauty shop as a permitted use or
as a special exception.
The Planning Official stated that years back Planning
and Zoning had deliberately withdrawn any personal services
from PS zoning and that any exception would limit any personal
or business service with the intent of serving only patrons
of the building.
Jim Ridenour, representing the applicant, was present
and Sam Campagna, owner of subject building. spoke in support
of the request.
There were no objections.
e
Upon consideration of the appeal of Wanda Ridenour, from
the decision of the Building Official concerning request for
special exception to permit a beauty shop upon Lots 16 and 17,
Barrett Manor, which property is located at 2348 Sunset Point
Road and is zoned PS (professional services), it appearing.
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 Reneral purposes and intent of
the zoning ordinance, Mr. Homer moved that such appeal be
granted in accordance with the application submitted therewith.
Mr. Batstone seconded the motion. Upon the vote being taken.
the Board voted "Nay" unanimously. Request denied.
The applicant was informed of Cae right to appeal to the
Coa~i8s1on within 10 days.
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3-11-76
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ITEM 15 - Request of Lowell B. Easter for several set-
back variances for property located at 1280 Lakeview Road.
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The Building Official stated that at the time the Plnza
Pines Trailer Park was created there was no mobile home
zoning ordinance ,1n effect. The Park was recently sold and
the new owner is attempting to upgrade the Park but the now
24 ft. wide trailers will not comply with the Mobile Home
Zoning ordinance on the size of the lots. The ne~ owner was
unaware that permits were necessary when one mobile home i8
replaced by another and a number of 24 ft. wide mobile homes
have been placed on lots in this Park replacing smaller B ft.
and 12 ft. wide homes by the previous owner. The Building
Department was unaware of these changes in mobile homes nnd
is asking direction from the Board as to whether they should
issue permits or not.
Planning Official Jack Wolle stated the reduction of
setback is not in conformance with the zoning ordinance.
The Building Official reported there is a distance of 15 to
20 ft. between the trailers. excluding carport.
Ralph Duggar, Attorney, representing the applicanc, was
present. A petition of approval with 17 signatures was read
into the record. Hr. Bats tone suggested the applicant
change his request to a 4 ft. front setback instead of 3 ft.
for Lot 204. The applicant agreed and the application was
amended.
e
Upon consideration of the appeal of Lowell n~ EaBter
from the decision of the Building Official concerninR the
request for a variance to allow a 30 inch front setback, 32
inch rear setback, 3 ft. northerly setback and 4 ft. southerly
setback on Lot 125; a 26 inch front setback, 20 inch rear
setback, 32 inch northerly setback, 3 ft. southerly setback
on Lot 127; a 48 inch front setback on Lot 204; all in Plaza
Pines Mobile Home Park (Lot 9. Hanousek's Subdivision).
property is located at 1280 Lakeview Road and is zoned RMH
(Hobile Home Park), it appearinR, 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,
Hr. Homer moved that such appeal be ~ranted 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.
Hr. House seconded the motion. Hr. Nichols stated he felt the
applicant should conform to the current ordinance and new
lingle wide mobile homes could be placed in the Park.
Hr. Homer stated that it is a question of economic survival to
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3-11-76
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