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01-11-1978 - ...... v u BOARD OF ADJUSTMENTS PUBLIC HEARING January 11, 1978 The Board of Adjustments held a public hearing on January 11, 1978. This was a continuation of the public hearing of December 14, 1978, which was recessed. Chairman Millard called the meeting to order at 7:00 P.M. in the City Clerk's office at City Hall. The purpose of this meeting was to decide on a request for a variance by Warren Bryant of 121 W. Ocean. ROLL CALL Neil Asting Jerry Fenske Lewis Lupinek Kenneth Millard James Poland Present Present Present Present Present Mr. Bryant was present. Mayor Christy was present as an observer. Chairman Millard issued the witness oath to Mr. Bryant. Chairman Millard asked Mr. Bryant if he had been successful in determining the ownership of the land directly behind his property. Mr. Bryant said that he had not been able to find out who, if anybody owns this piece of land. He had changed the place where he would put his garage (he showed the members a new diagram) and would now only need a variance of 5 ft. from the west side of his lot and 7 ft. from his existing house. Chairman Millard noted that the lot directly west of Mr. Bryant's property was not a buildable lot due to the drainage ditch that ran through the center. The Board discussed Mr. Bryant's new proposal. Chairman Millard said that he felt the new variance request from Mr. Bryant could be granted by the Board due to the practical difficulty of building a garage in other areas of his property. Upon roll call the variance was approved 5-0. Mr. Bryant1s file and minutes of the meeting will be sent to the City Council with the Board of Adjustments decision for Council action. Mayor Christy spoke to the Board concerning any assistance they might need from the Council in carrying out their appointed duties. The subject of attendance at certain meetings by either the City Attorney or the Building Inspector or both was discussed. Mayor Christy said that he would bring this request before the Council. Chairman Millard adjourned the meeting. Minutes submitted by: Nancy Blazi * *Due to malfunction of recorder there was no recorded tape. Minutes were taken from notes made by the secretary. u u BOARD OF ADJUSTMENTS PUBLIC HEARING December 14, 1977 The Board of Adjustments held a Public Hearinq on December 14, 1977 at 7:00 P.M. in the City Clerk1s office at City Hall. The purpose of the Public Hearing was to decide on a request for variance presented by Warren Bryant of 121 W. Ocean Ave., Edgewater. ROLL CALL Neil Asting Jerry Fenske Lewis Lupinek Kenneth Millard James Poland Present Present Present Excused Present In the absence of the Chairman ,Mr. Millard, Mr. Lewis Lupinek conducted the hearing. Mr. Bryant was present. Owners of all neighboring property had been notified and the property had been posted. Mr. Lupinek asked if the board members had inspected the property. Mr. Poland had not inspected the property. Mr. Bryant is requesting a variance to build a two car garage at the rear of his property. The property is zoned R-3. Mr. Asting said that the way the garage is propose~ it goes up to the end of the property line on the north side i~ will be within 2 ft. of the property line on the west side. That is against the zoning law for R-3. A possible solution to the problem would be for Mr. Bryant to reduce the length of the garage to 261 on the north side and on the west side it could be moved another 41 from that property line and there would be no need for a variance. Mr. Poland said that R-3 zoning calls for 10% of the lot width with a minimum of 10 ft. Mr. Lupinek said that it had been verified with the Building Inspector who said that Mr. Asting1s suggestions would solve the problem. Mr. Asting said that on the west side of the property there was a drainage ditch at least 41 wide. He would go along with a variance if the buildinq was moved with a minimum of 6~ ft. from the west side property line because of the drainage ditch that is there. Mr. Bryant said that it was about 30 ft. to the .drainage ditch from the end of his property line. Mr. Asting said that no one could build on the lot in back because it is too narrow. Mr. Bryant said that ,he understands the lot in back could be sold but not as a buildable lot. He tried to buy' a portion of the land between his property and the drainage ditch but he could not get a clear title to it. When he brought his property, the Haymans had said that they would be glad to sell to the ditch or the full 50 ft. and that is why he set up his property as he has with the thought in mind that he would be able to add on a few feet. ~ u u , Mr. Lupinek said that the Board cannot go on an assumption of what might happen as to the purchase of future property, they must base their opinion on what property there is at the present time. Mr. Bryant said that unfortunately there was now no chan~e of his purchasing the property as long as Mr. Hayman was al1ve, the family ha~ changed their mind and do not wish to disc~ss an~ real estate transactions. This is the reason why he 1S mak1ng a request for a variance, so he can build a garage now, b~caus~ he has no idea how long it might be before the Hayman fam1ly m1ght reconsider. Mr. Fenske said that Mr. Bryant told him there was 12 ft. behind his lot that belongs to the County. Mr. Asting said he did not believe this area belonged to the County. Mr. Bryant said that he had inquired about this area and found out it was a triangular piece of land that goes up and tapers almost to a point down beyond Mary Allen1s property. It is not a 12 ft. width all the way through and the land did not go all the way through like a alley might. Mr. Fenske said that if Mr. Bryant could purchase this piece of land he could set his garage back a little further. He also asked which way the entrance to the garage would be. Mr. Bryant said it would be right in the front so that he could ~ome straight into the garage. He also stated that he would be glad to purchase this land at a reasonable price if he could get a clear title. Mr. Asting said he believed it was originally the Hawks Park subdivision and that it may belong to the City. Mr. Bryant said that he keeps this piece of land cleared and mowed. Mr. Poland did not have any questions at this time. He would like to see a little more distance between the garage and property line. Mr. Asting said that no building permit could be issued for the adjacent lot, it is too narrow. Mr. Poland said that he is concerned about t~e 2 ft.setback. The Board may be setting a precedent that they would not want to live with in a lot of other cases. The present owners have no objections to his building to the property line but the next owners might. Mr. Bryant said he could cut down on the side of his garage because he wishes to keep this lot out here because it is attractive. Mr. Poland remarked about the size of the garage that Mr. Bryant planned to build. Mr. Fenske brought up the subject of the possible difference between an attached garage and a detached one. There was more discussion about the possibility of acquiring the piece of land behind Mr. Bryant's property. Mr. Poland suggested that the Board recess this hearing to give Mr. Bryant an opportunity to investigate the possibility of adding more land to his property. He also said that probably 20 ft.for a separate garage on a rear lot is an unrealistic demand but it is the law. Tape IB He wondered if the Board could request an interpretation from the Zoning Board to determine whether the 20 ft. means the house or every building that is installed. 2 ~ .... ". (.) Q - " Mr. Asting said they were told by the Building Inspector if the proposed garage was 6~ ft. from the west property line and 5 ft. from the north property line that they could issue a permit to build it. There was more discussion about changes in the size of the proposed garage. Mr. Asting then made a motion that the Board recess this hearing until Mr. Bryant had an opportunity to check with the City to find out about this land. The motion was seconded and passed. The meeting was recessed until the next regular Board of Adjustments meeting. (The Board approved the minutes of their last meeting.on Nov. 16, 1977, a Public Hearing.) Minutes taken by: Nancy Blazi 3 . ,... ,. .....~ f" o o BOARD OF ADJUSTMENTS PUBLIC HEARING January 11, 1978 The Board of Adjustments held a public hearing on January 11, 1978. This was a continuation of the public hearing of December 14, 1978, which was recessed. Chairman Millard called the meeting to order at 7:00 P.M. in the City Clerk's office at City Hall. The purpose of this meeting was .to decide on a request for a variance by Warren Bryant of 121 W. Ocean. ROLL CALL Neil Asting Jerry Fenske Lewis Lupinek Kenneth Millard Jam e s Pol.a n d Present Present Present Present Present Mr. Bryant was present. Mayor Christy was present as an observer. Chairman Millard issued the witness oath to Mr. Bryant. Chairman Millard asked Mr. Bryant if he had been successful in determining the ownership of the land directly behind his property. Mr. Bryant said that he had not been able to find out who, if anybody owns this piece of land. He had changed the place where he would put his garage (he showed the members a new diagram) and would now only need a variance of 5 ft. from the west side of his lot and 7 ft. from his existing house. Chairman Millard noted that the lot directly west of Mr. Bryant's property was not a buildable lot due to the drainage ditch that ran through the center. The Board discussed Mr. Bryant's new proposal. Chairman Millard said that he felt the new variance request from Mr. Bryant could be granted by the Board due to the practical difficulty of building a garage in other areas of his property. Upon roll call the variance was approved 5-0. Mr. Bryant's file and minutes of the meeting will be sent to the City Council with the Board of Adjustments decision for Council action. Mayor Christy spoke to the Board concerning any assistance they might need from the Council in carrying out their appointed duties. The subject of attendance at certain meetings by either the City Attorney or the Building Inspector or both was discussed. Mayor Christy said that he would bring this request before the Council. Chairman Millard adjourned the meeting. Minutes submitted by: Nancy Blazi * *Due to malfunction of recorder there was no recorded tape. Minutes were taken from notes made by the secretary.