02/24/1977
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BOARD OF ADJUSTMENT AND APPEAL ON ZONING
February 24, 1977
Members present:
John K. Batstone, Chairman
Edward H. Nichols, Vice-Chairman
Lewis H. Homer
Harold J. Housel
Kurt E. Youngstrom
Also present:
Edwin Blanton, Building Director
Sid Snair, Building Official
Jack Wolle, Planning Official
Marybeth Lavallee, Assistant City Attorney
Frank Donnell, Member-Elect
The meeting was called to order by the Chairman at 4 p.m.
in the Commiss ion lieeting Room in .Ci ty Hall. The ,Chairman
outlined the procedures to be followed and announced the re-
quest of Earl H. Hoaglin for a SWimming pool variance.
Building Director Edwin Blanton reported the property is
a corner lot and the zoning requires a 25-ft. setback from
all street right-of-way lines and the applicant is requesting
a 16~-ft. setbac~.
Lowell Berman, representative for the applicant, was pres-
ent and stated they had no objection to the Board recommending
a fence, but the owner does not plan a screen enclosure.
Two letters of approval were read into the record and no
one spoke in objection.
--
Upon conoideration of the appeal of Earl M. Hoaglin from
the decision of the Building Official concerning the request
for a variance to allow a l6~-ft. setback from the east prop-
erty line to construct a Bwimming pool on Lot la, Block E,
Northwood Estates Tract C, which_property is located at 3101
Oxbow Court and is zoned RS-60 (single family), it appearing,
after this duly constituted public hearing, ,that there are
practical difficulties or unnecBssary ha~dshipa in the way of
carrying out the strict letter of the provisions of the zoning
ordinance as it affects ouch property'and that the same can be
varied in harmony with the general purposes and, 'intent of the
zoning ordinance, Mr. ,Nichols moved th~t such appeal be granted
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in accordance with the application submitted therewith, with
the proviolon that the right to obtain a building permit 1n
accordance with such variance shall cease after six (6) months
from this date, and with the recommendation that the applicant
construct a 5-ft. fence around the pool. Mr. House seconded
the motion w~ich carried unanimously.
ITEM 02 - Request of Sarah Kirkpatrick and Gertrude
Bachman for a spacial exception.
The Building Director reported this was originally a
single family residence converted to a duplex and now the
owner wishes to return it to a single family residence with
an addition. The structural changes of an addition require
it to come before the Board as a special exception as the
Zoning Ordinance states a non-conforming use ,of a building
can be changed to another non-conforming use only if no struc-
tural alterations are made.
Edward Kelly, contractor representing the owner, was
present and stated the 'addition 'Iill add approximately 350
square feet of living area on the west side of the building.
There were no objections.
Upon consideration of the appeal of Sarah D. Kirkpatrick
and Gertrude Bachman from the decision of the Building Official
concerning a special exception to convert a duplex into a
single lamily residence and erect an addition to the present
structure on Lot 9, Block 1, Sarah McMullen's Subdivision,
which property is located at 1012 Grove Street and 1s zoned
CG (business), it appearing, after this duly constituted pub-
lic bearing, that the proposed use is consistent with the
general zoning plnn and with the public interest, Mr. House
moved that said appeal be ~ranted 1n accordance with the ap-
plication submitted therewith, with the provision that the
right to obtain a building permit in accordance with said spec-
ial exception shall cease after six (6) months from this date.
Mr. Youngstrom seconded the motion which carried unanimously. '
8,
The Chairman presented the minutes of the meeting of
February 10, 1971, for consideration. Hearing no objection
he dec~ared the minutes approved in accordance with copies
submitted to each Board member in writing.
The Board members expressed ,their appreciation to Mr.
Homer for his work' on the Board and expressed their regret
at his resignation.
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