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07-13-1977 ~ '-> Q BOARD OF ADJUSTMENTS PUBLIC HEARING (JAMES CAMERON) JULY 13, 1977 Chairman Millard called the Public Hearing of the Board of Adjustments to order at 7:35 P.M. in the Community Center. ROLL CALL Mr. Millard Mr. Fenske Mr. Astings Mr. Poland Mr. Lupinek Present Present Present Present Excused Chairman Millard asked the secretary if all the required people been notified of the hearing. She stated that they had. He went on to ask if all the advertising had been made. She stated that it has. Chairman Millard had all the members of the Board to introduce themselves. Chairman Millard stated that he lives on Riverside Drive Mr. Fenske stated that he lives on Rhode Island Mr. Astings stated that he lives in Florida Shores Mr. Lupinek was not present Chairman Millard stated that he lives in the area that Mr. Astings lives. Mr. Poland stated that he lives in Edgewater Heights. Chairman Millard explained the rules of the Board of Adjustments. to all the people that were present. Chairman Millard stated that there is an applicant who has applied for a permit. He went on to say that the Board of Adjustments does not get into anything until that permit has been denied. When this happens the applicant makes an appeal to the Board of Adjustments. He presents his reasons why he thinks we should grant a variance. Chairman Millard asked the applicant Mr. Cameron to present his request for a variance. Mr. Charles Hall began to give the presentation. At this time Chairman Millard asked to hear from Mr. Cameron. Mr. James Cameron introduced himself. Chairman Millard stated that we have here your application for your var- iance. He went on to say that on page two it says that you duly sworn to declare that all statements and documents herein and herewith compose a complete and factual application. It is our practice that anyone who is speaking to this board will be sworn in. Chairman Millard asked Mr. Cameron and Mr. Hall to take the oath. Mr. Hall asked Chairman Millard who did he think down here was authorized to administer an oath. Chairman Millard stated that he was authorized, the Chairman of the Board of Adjustments is authorized under Ordinance 880. Mr. Hall stated alright lets go. Chairman Millard went on to administer the oath to Mr. Cameron and Mr. Hall. (J <J Mr. Hall began the presentation. He stated that Mr. Cameron proposes to develop a strip of land on Riverside Drive, He wants to make stx lots and have a private road that would give the City whatever access they would n~ed for furnishing wate~,sewer1gas? and electric. AlsQ police and ftre protectiQn. Mr. Hall went on to explain the width of these lots on Riverside Drive are 95.33 feet and 95.34 feet with the requested driveway they would be less then the required footage" on the other hand they will both exceed the depth they each go over 140 feet. Chairman Millard stated that he would like to know the history of the ownership of this land. He asked when did Mr. Cameron acquire this land. Mr. Cameron stated that there are two seperate parcels one lot was bought approx. two years ago this being the Rogers estate Chairman Millard asked him if he had the date and the year. Mr. Carmeron stated that he did not know it was approx. two years ago. The other was purchased a month or so ago from the Morrisons. Chairman Millard asked if they were orignally platted as building lots. Mr. Cameron stated no that they were not. At this time Chairman Millard asked if there were any question from the audience on the way these lots were laid out on the map. Mr. John Wharton of 1531 S. Riverside Drive was recognized. Chairmam Millard asked Mr. Wharton to take the oath. His question was not heard on the tape. Mr. Leo Grazide of 1705 S. Riverside Drive stated that Mr. Cameron had purchased the Rogers property on March 11, 1975 it was recorded in book 1769 page 1997. Chairman Millard asked if he had the other date. Mr. Grazide stated that he did not. Mr. Cameron stated that it was purchased approximately May of this year. Chairman Millard stated that you are about to give us some information would you do it under oath. Mr. Grazide stated that he would. Mr. Grazide stated that he has lived in the area for approximately 5 years and he knew Mrs. Rogers before she passed away. Mrs. Rogers told him that she owned that p~ece of land and not beyond it. he wanted to know how the rest of the land was permitted to be filled and where the permits were gotten from. Mr. Hall stated that this land had been surveyed by Danial Cory a registered surveyor. There was a question if any filling had been done. Mr. Cameron stated that there had been some filling done on the land. There was no filling done on the submerged land. Mr. Poland asked if there had been any dirt dumped into the water. Mr. Cameron stated that it has not. This was discussed at length. there were also a few comments for the audience. Mrs. Grazide of 1705 S. Riverside Drive stated that she had seen this man fill in submerged land. She told of the time that a truck got stuck in the muck. Mrs. Morgan of 208 Virgina Street, was given the oath. She stated that she talked to a man from the Enviormental office and told her that there was filling going on. Chairman Millard askedif she knew this mans name. She stated she did not know. Chairman Millard asked when did this take place. Mrs. Morgan stated that it was in the middle of May. Mr. Cameron asked Mrs. Morgan to repeat what she said. She told Mr. Cameron that this man told her that you filled in fill in the water. 2. u u Mr. Poland stated that if the government is so reluctant in granting permits to fill in submerged land and if that is the fact in this case I would say that we are granting a variance to build on this same property, then perhaps it is not legal as far as federal or state government is concerned he might be required to remove the fill. Mr. Cameron stated th~t he did improve the land up and not the submerged land. He went on to say that the land was swampy and he filled and graded it to improve it. Mrs. W.J. Butler on Parkwood Lane was recognized, she took the oath. She stated that she did see a truck get stuck. Chairman Millard stated th~t he felt that the board should go back down to the property and look it over again. Mr. Grazide asked if Mr. Cameron had a deed to this property out to the waters edge, if so he would like to see it. Chairman Millard stated that he was not in the position to do this, Mr. Hall asked where did Mr. Grazide 1 ive, him on the map. Mr. Poland read from the Zoning Ordtnancein the R-l-A requirements. There was some discussion on this. There was also some discussion on the map. Mr. Grazide showed Mr. Poland stated that the City has gotten into problems over these private easements. He went on to ask about a dedicated road. ~r. Hall stated that this would require more width. The road would have to be dedicated to the City and be approved by the City Attorney. Mr. Poland asked what would be the area of the lots not counting the easement. Mr. Hall stated that on some of the lots it would be approximately 85 x 140. Mr. Poland stated that his paper says 132. Mr. Hall stood to be corrected. He went on to say that it should be close to 1,200 feet or close to it. Mr. Astings asked about the turning point on this road. The question also came up is there enough room for a full size car to turn around. They all agreed that it was not large enough. Chairman Millard asked Mr. Cameron if he owned other property in the City. Mr. Cameron stated that he did. Chairman Millard went on to say that Mr. Cameron bought these two parcels with his eyes opened knowing that they did not meet the R-l-A requirements. Chairman Millard asked is there some way that you can establish inspite of that fact that yours is an unnecessary hardship not caused by your own actions. Mr. Hall stated that he was not sure he can.ft is a hardship that other people have lots that are less then what he proposes, and they are allowed to use these lots for building purposes. Chairman Millard stated that there is nothing wrong with you trying to get as many houses as you can on your property. However we are carrying out the ordtnance. It is true that other lots in the area do not meet the R-l-A requirments however there is always hardship when zoning is established. Chairman Millard went on to say that if they could cut down on the number of houses then you could keep the R-l-A Requirements. He also suggest that they could move the road. He also stated that he is just making suggestions. 3. '-I o Chairman Millard stated that the problem that we are having here is that Mr. Cameron does not have enough width., he does have the depth and almost the area. Chairman Millard stated that he will go ahead and have the vote. Mr. Cameron stated that this will be an asset to the community. Mr. Poland stated that there are several things that have to be looked at here.I~ thi~ ordinance itcomes out very strongly against the creation of non-conforming lots and if you just count the acess roads through the center that lots are at least non-conforming you can1t meet the set backs the way that you have it diagram the fact that you intend to build $50,000.00 homes is not really germane:~ to this board. It appears that you have create a hardshtp of your own creation. Mr.Cameron stated that he did go to the Zoning Board and they did accept the plan as shown. They made a recommendation to the City Council and the City Council referred it to the Board of Adjustments, Mr. Hall stated that the board should go ahead and take action. Chairman Millard asked the audience if there were any more questions. Rod Brochard asked Mr. poland if he had a father that owned property down there. Mr. poland stated that he did. Chairman Millard stated t~~t we were aware of this and we have not voted yet. Mrs. Murphy asked if she understood that Mr. Cameron took this to the zoning board and they did approve it. Chairman Millard stated that this was correct. Leo Grazide asked if the Zoning Board approved this. Chairman Millard stated that they had seen the plans and they did not see anything wrong with the plans, They had no zoning objections. Mr. Denton stated that he was at that Zoning Board meeting and he does not rember a vote of approval. Chairman Millard stated that he will check into this. Tf there are no more comments from the members of the board. Chairman Millard stated that we will take a vote, Chairman Millard asked Mrs. Wadsworth to call the roll. Mr. Millard, votes no for the reason that you do not have the width you have got the yards, you have not got the wide road that is required. Mr. Fenske, voted no the same objections. Mr. Astings,voted no the same objections. Mr. Poland abstained. Chairman Millard stated that we will write a letter to the Council explaining what we did and why we did it and what our vote was. Then the City COuncil can vote and then you will have a chance to appeal it. Chairman Millard thank~d~ everyone for their corporation. ADJOURN.