11/25/1977
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BOARD OF ADJUSTMENT AND APPEAL ON ZONING
August 25, 1977
Members present:
John K. Batstone, Chairman
Edward H. Nichols, Vice-Chairman
Harold J. House
Kurt E. Youngstrom
Frank Donnell
Also present:
Edwin Blanton, Building Director
Syd Snair, Building Official
Mike Kenton, Planning Official
Grace Loyd, Planning Official
Marybeth Lavallee, Assistant City Attorney
The meeting was called to order by the chairman at 4:00
p.m. in the Commission Meeting Room in City Hall. He outlined
the procedures and announced the request of Wilma F. Renk for
a vat'iance.
The Building Director reported this is a double frontage
lot facing Brandywine, with Landmark Drive to the rear which
will be a through street. The zoning ordinance allows a fence
of 30 inches in height in the setback area. The applicant was
present. There were no objections.
.8,
Upon consideration of the appeal of Wilma Renk for a
variance to allow a 48-inch high fence within the rear setback
area, adjacent to Landmark Drive extended on Lot 12, Blnck F,
Northwood Estates, Tract C, which property is located at 2600
Brandywiue Drive and zoned RS-60, it appearing after this duly
constituted public hearing, that there are practical difficul-
ties or unnecessary hardships in the way of carrying out the
strict letter of the provisions of tho zoning ordinance as it
effects such property and that .the same can he varied in harmony
with the ganersl purposes and intene of the zoning ordinance,
,Mr. Houae 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 vari-
ance shall cease after six (6) months from this date. Mr.
Youngstrom seconded the motion which carried unanimously.
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ITEM 02 - Request of Ian Barclay for a variance from
a seawall.
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The Building Director reported the applicant plans to
have a food establishment in a trailer on wheels. However,
the Building Department has specified that they must have
tie-downs. The ordinance requires a 25-foot setback from the
scawall and the applicant has requested a variance of 23 feet
for a 2-foot setback.
Ian Barclay stated the reason for the request to be 2
feet from the seawall was due to the turn-around area which
would be insufficient for the boaters who use the arna. In
case of a storm or emergency, the trailer could be moved in
30 minutes.
One letter of approval was read into the record.
Frank Harrow stated he was not necessarily in objection,
but requested clarification on several items. There were no
objections.
Mr. Barclay stated the trailer had been approved by the
Fire Marshall. They receive their water supply from the
High and Dry Marina, and the trailer would be color-coordinated
with other buildings on the property, and skirted.
Upon consideration of the appeal of Ian Barclay from the
decision of the Building Official concerning the request for
a 2-foot setback from 8 seawall to erect a building for food
sales on portion of Lot 9, Block 0, Island Estates Unit 5.
Property is located at 202 Windward Passage d/b/a High and
Dry Marin~ and is zoned CG (business) 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. Nichols moved that such appeal be Rranted in
accordance with the applicaCion submitted therevith, 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. House seconded the motion. Upon the vote being
taken Nessers, Batstone, House, Nichols and Youngstrom voted
!lAye." Mr. Donnell voted "Nay." Motion carried.
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Hr. Donnell stated for the record that he questioned tbe
hardship condition.
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ITEM 03 - Request of William Sykes for 2 setbacks and a
lot coverage variance.
The Building Director reported the applicant has requested
a 3-foot variance in the setback from the seawall, as-foot
variance in the setback from the property line abutting Hamden
Drive and an additional 2% lot coverage.
Hr. Youngstrom reported a conflict of interest and letter
of conflict of interest is attached hereto and incorporated
herein by reference.
Harry Cline, attorney. representing the applicant, stated
they would prefer one vote on all 3 requests. The modernization
program planned by the applicant for the 2 motels will include
second story living quarters for the owner that will tie the
2 buildings together. The new addition will use the same set-
backs as the present structure and the increase in lot coverage
i8 actually 1.938 %. He presented two letters of approval to
the Clerk.
There were no objections.
Upon consideration of the appesl of William Sykes from
the decision of the Building Official concerning the request
for a variance to allow a 22-foot setback from the seawall,
10-foot setback from west property line, Bnd an additional 2%
lot coverage on Lot 1, Columbia Sub. es, which property is
located at 409 Hamden Drive and zoned CTF (commercial-tourist
facility), 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 ordinanc2 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. Donnell 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. Nichols seconded the
motion which carried unanimously.
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The Chairman presented the minutes of the meeting of July
28, 1917, for consideration. Hearing no obje~tions he declared
the minutes approved in accordance with copies submitted to
each Board member in writing.
There b'eing
at 4:45 p.m;
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