Loading...
06-10-1977 Recessed ~ u u Board of Adjustments June 10, 1977 Chairman Millard called the meeting to order on June 10, 1977. This is a recessed meeting from June 9, 1977. The meeting was held in the Mayor's office at 7:00 P.M. ROLL CALL Mr. Millard Mr. Lupinek Mr. Fenske Mr. Poland Present Present Present Present Chairman Millard stated that he would like to note that Mr. Cartee and Mr. Richards are present. Also, a good representation from the community. We left this last night that the applicant would submit a plot plan which they felt they could live with. It should also meet with the requirements of R-3. After we examine the new plan, if it is agreeable with the board, we will vote. After the vote the Chairman will write a letter to the Council briefing them on the hearings that we have already held. Mr. Richards was asked to show his plans. Mr. Richards stated that he has redrawn the plot plan as suggested at the last meeting. We have eight houses. The first three lots will be 84 foot frontage and the forth lot will be 50 foot plus, also, the next two lots which are in the curve of the road will be 50 foot front. And then 84 foot and probably a 100 foot less than 8400 square foot on this corner lot. This is due to the curve. Chairman Millard asked if this lot will be close to 8400 square feet. He asked how far away from 8400 do they get. Mr. Richards went on to tell how many square feet each lot has. Mr. Richards went on to discuss the property that was next to Mr. Wagner's. Chairman Millard asked Mr. Richards how much space would be between the existing house of the Wagner's and the proposed house. Mr. Richards stated that he felt it would be at least 40 feet. Mr. Lupinek asked about lot 15. Chairman Millard stated that he has withdrawn that because according to the ordinance he can build. Chairman Millard stated that he felt that Mr. Richards and Mr. Cartee should go down and tell us what each one of them is. Mr. Cartee started with lots 30 and 31 blk E. This is 100 x 100. Mr. Richards and Mr. Cartee showed the members of the board the new plot plans that they had drawn up. They also stated that they would leave these with the board. Chairman Millard asked anyone if they had wished to look at these plans. Chairman Millard opened the meeting for discussion. There was no discussion. Chairman Millard stated that you have done what was discussed at the last meeting. And that you make a good effort to come as close to the area. He feels that the square foot variance with this new plan is R-3 area. The issue is that the 100 foot depth looks all right, and there is no way you can add to that. Our job is to make sure that 880 is carried out. He went on to discuss this. - ,. u (.) Chairman Millard stated that at this point he is ready to vote. He asked the other members if they were ready to vote. They all stated that they were ready. Chairman Millard stated that the variance that we are approving is for the 100 foot depth where needed. We are granting a square area variance. Roll call; Mr. Fenske Yes, Mr. Lupinek Yes, Mr. Millard voted yes with the provisions that we have outlined. Mr. Poland abstained. Application for variance approved. Chairman Millard stated that we will write a letter to the council. He went on to say that he is sure the council will schedule this. Mr. Kane stated that he felt that this map should go to the council meeting for them to discuss. He went on to tell the board that he felt that they had done a good job and he still felt that Mr. Cartee and Mr. Richards could have divided their lots to go with the ordinance. Chairman Millard went on to adjourn the meeting. '. . .;'" o " -...- Q Plan Four is a vast improvement over the first plan. For example, all the 75-f90t widths and 7500 sq. ft. areas have been eliminated. To quickly sUIrenaI'ize :-- One lot is laO-feet wide. One is 80-feet wide. Five are 84-feet wide. Three are 88-f6et wide. The areas are: -- Five are 8400 square feet. 'I!r se are 8800 square feet. 'One is 10,000 square feet. One is 13,100 3quare feet. One is 8000 sq. ft. Only seven of the sites needed lOG-foot depth variances. The other tln'ee lots are pie-shaped, l"avir.g depths reaching 125 to 200 feet, which is far greater than required in R-3. Your Board has gh'Bn careful and exacti~ consideration to all the variance provisions of Ordiance 880, especially keepiq; in mind the spirit and intent of this Ordiance and applicable law. On Section 904.00 we find positively on the subject of practical difficulty, and tffit the five criteria of 904.01 are met. To clarify something tlat may not be clear to some readers of the minutes: In working towards our final decision, several times votes were begun on parts of the particular plan before us. As each plan was turned down, to make way for a revised one from the applicant, we had a fresh slate and the Board considered the previous votes wiped out. Plan Four is 'the one upon which we have based our.final--vote-of approval:-- 'While your' Board felt it was necessary and proper to insist on the maximum possible square-foot-area for t~se lots, it also kept in mind the right of a land owner to reasonable use of his land. We believe your Board has balanced the rights and desires of both the applicants and the community, and that the decision::.reached is a just and fair one. Ken Millard, Chairman. Jerry Fenske Lewis Lupinek .{/ ! .;;~. / \ JZ~A /ltLCftf:-1 ~ ;/~5~ jt;~ "!~' ~'l ';:Vt/u_Jlk.. Plot Plan #4 by Government Builders 1?:I) Legal ~8criptions \, /" (/l Minutes of Jlme 8, 9, 10, 1977 Attachments: - - ~/ ~." Q TO: City Council 08 10, 1977 FROM f Board of Adjus tmen ta REf Government Builders, Inc. - Highland Shores case Applications for variances by Government Builders, Inc. were considered by your Board on April 13, April 20, May 25, June 8, June 9 and June 10. There were approximately 12 hours of iptensive hearings. Three board merrbers were present and eligible to "vote throughout. Another member abstained, but contributed his thoughts to the discuSsions, and was welcomed by the Board. Input from the ci. tizens of Highland Shores was extensive and quite helpful on all six hearing dates. The applicants presented their or.n case, but did utilize an attorney on one night, June 9. We wish to emphasize that it would be necessary to listen" to nearly 12 hours of tapes and to read a veL'"batim transcript to fully understand how comprehensive this hearing has been. It is the longest this board has ever conducted. For that reason, this letter can only report t he basic facts and the final conclusions. The original plot plan called for 11 heme sites... Nine of these were in one continuous group of lots. Two were On separate sites. Many of these needed depth variances, some needed ~~dth variances, sane needed square foot area variances, and a couple needsd yard variances. The Board refused, for various r~ascns related to each site, to approve the first, the second and tl:e third plot plans. Finally, after due discussion and deliberation, the applicant saw fit to submit plot plan Four. This plan made a good faith effort to provide the maximum square foot area Possible within the limits of the land available. It also provided for greater "widths and remlced the number of home sites in the continuous group from nine to eif'.ht. And it met all yard set-back requirements. This final plot plan with accompanying legal descriptions, wae approved by all three voting members and is attached to this letter. This plan and ea ch site has been signed by all three members votj.ng and is hereby made an integral part of the official record of the hearing. It is 6J:e cifically included as part of the Board' 8 deCision and the plan's subsequent impler.Jen tatj en by the Building Department. The vote was 3 to O. ~I>> 0-/3 - 0') M 9: 3JA. .