08/12/1976
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BOARD OF ADJUSTMENT AND APPEAL ON ZONING
August 12, 1976
Members present:
John K. Batstone, Vice-Chairman
Harold J. House
Edward H. Nichols
Lewis H. Homer
Kurt E. Youngstrom
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Also present were:
Edwin Blanton, Building Director
Sid Snair, Building Official
Jack Wolle, Planning Official
Guy Kennedy, Jr., Assistant City Attorney
Marybeth Lavallee, Assistant City Attorney
The meeting was called to order by the Vice-Chairman at
4:00 p.m. in the Commission Meeting Room, City Hall. He
welcomed Mr. Youngstrom to the Board and the Clerk gave M~.
Youngstrom the oath of office. The Vice-Chairman then out-
lined the procedure and announced the first request of Alan
K. Wyllie, which was continued from July 22, 1976.
Mr. Blanton stated that the zoning code requires a
special exception for an automotive repair shop in a business
zone. He also commented that 2 bays, 20 x 40 ft. each, were
to be used for the purpose. Mr. Wyllie was present and stated
that the building involved was behind the present automotive
repair shop, north of the Seven-Eleven Store and that he was
being aliLoted 4 parking spaces to be included with his lease
arrangements. He also stated there would'be no body work, only
~echanical repairs. Mr. John Rankin, 1821 Union Street, spoke
in objection, stating that it would downgrade the area which is
primarily residential, presented a petition of 5 names opposed
to the request, that a Dick Mills truck and an Ohio car with a
1975 tag on it, both of them in pretty bad shape, were on the
property. Mr. Wyllie responded that he had no knowledge of who
owned them.
Upon consideration of the appeal of Alan K. Wyllie f~om
the decision of the building official concerning a special
exception to allow an automobile repair shop in the following
property: Begin 330 ft. North and 154 ft. East of SW corner
of NE~ of NW%, Section 11-29-15, run North 114 ft., East 40
ft., North 221 ft., East 210 ft., Southwest along RR R/W 345
ft., West 164 ft.fM.O.L. to p.a.B., which property is located
at 1337 N. Highland Ave. immediately west of railroad and is
zoned CG (business), it appearing, after this duly constituted
public hearing that the proposed use is not consistent with
the general zoning ~lan and with the public interest, Mr.
House moved that sa1d appeal be denied in accordance with the
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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 pU~poses and intent of 'the zoning
ordinance, Mr. Nichola,; moved that such appeal be ~ranted in
accordance with the application submitted therewit , with the
provision that the right to obtain a building permit in
accordance with ouch variance shall cease after six (6) months
from this date. Mr. Homer seconded the motion which carried
unanimously.
ITEM #4 - Request of Sime Dijan for a special exception
to operate automotive repair business in a business zone.
Mr. Blanton stated that this type of business required a
special e~ception in a business zone, located the property
just East of the Northeast corner of Missouri and Santa Rosa
and a number would be given on Santa Rosa if the appeal was
granted. Mr. Fred Allen, representing the applicant, stated
they will clean up the area; paint the building, etc.; that
employee parking would be across the street with arrangements
already made; they can park about a cars inside the building
and about 4 or 5 outside and the business would only do repair
work, no body or paint work.
Mr. Robert Crown expressed opposition and read a lengthy
statement opposing the request particularly in relation to
the parking problem and stated that neighbors had had problems
with parking in the past; presented letters from his firm,
Crown G McCrillus) signed by Robert Crown, William Crown and
W. E. Crown, Jr.; one from Bouchard Insurance signed by James
P. Harrison as Secretary; one from Phillips, McFarland, Gould
& Korones signed by Donald McFarland and one from Buds Electric
Motor Service. A letter in opposition from, Brown Motors was
read by the Clerk.
Upon consideration of the appeal of Sime Dijan from the
decision of the building official for special exception to
o~erate an automotive repair business on Lot 9, Block M,
H1biscus Gardens Sub., which property is ~ocated at NE corner
of Missouri Ave. and Santa Rosa and is zoned CG (business),
it appearing, after this duly constituted pUblic heaL~ing that
the proposed use is not consistent with the general zoning plan
and with the public interest, Mr. House moved that said appeal
be denied in accordance with the application submitted therewith.
Mr.~omer seconded the motion which carried unanimously.
ITEM *5 - Request of Anthony Benkovic for 6 ft. high
fence and 17 ft. setback.
Mr. Blanton explained .that the property was at the dead .
end of Madera Ave.; property to the North was in the county and
only a 30 in. fence would be allowed within the required setback.
Hewalso stated tha~ a 17 ft. setback had been gran"tad about a
year ago to build the house. While there were no official
4.
8-12-76
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ITEM #7 - Request of Fred Haslinger for a setback
variance.
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Mr. Blanton explained that the request was for a setback
for a screened enclosure for a swimming pool. There is a
GO ft. undeveloped dedicated right-of-way to the North which
is maintained by the property owners on each side and that
the house is set back only 6 ft. from this right-of-way.
Mr. Mike Kelly was present representing the applicant and
stated the request was to keep the pool in line with the
house. There were no objections.
Upon consideration of the appeal of Fred Haslinger from
the decision of the building official concerning a request
for variance to allow a 6 ft. setback from North property line
to erect a swimming pool on Lot 5, Block 39, Mandalay SUb.,
which property is located on the Southeast (SE) corner of
Bay Esplanade and Gardenia St. and is zoned RS-SO (single
family), 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 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. Mr. Youngstrom
seconded the motion which carried unanimously.
The Vice-Chairman presented the minutes of the meeting of
July 22, 1976 for approval. Hearing no objections he declared
the minutes approved in accordance with the copies submi.tted
to each board member in writing.
The next order of business was the election of a Chairman
and Vice-Chairman. Mr. Homer moved that Mr. Batstone be
nominated as Chairman and that the secretary cast a unanimous
ballot for his election. There were no objections. Mr. Homer
then moved that Mr. Nichols be nominated as Vice-Chairman and
the secretary cast a unanimous ballot for his election as
Vice-Chairman. There were no objections. Mr. Batstone there-
,fore was elected Chairman and Mr. Nichols Vice-Chairman of the
Board.
There being no further
6 p.m.
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