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02-15-1977 u Q Board of Adjustments PUBLIC HEARING February 15, 1977 Chairman Millard called the Public Hearing to order in City Hall. ROLL CALL: Alice Murphy Kenneth Millard Lewis Lupinek Jerry Fenske Marie Nichols Excused Present Present Present Present GUESTS: Mr. Criswell Mr. and Mrs. Gowen Mr. Fabiszak For the record all post hearing procedures have been carried out. It was briefly explained that Mr. Criswell is asking for a two foot variance on the west side to build a carport. All the members of the board have inspected the subject property. Chairman Millard asked Mr. Criswell to take an oath that everything that he is going to say at this hearing is the truth. He answered that it is. Mr. Criswell answered various questions in regard to his request. The owner of the land to the east of Mr. Criswell stated that he does not object to this. Mrs. Criswell stated that he has talked with the owner of the property on the west side of him and he has no objections. There were no other comments on this, CHairman Millard asked the Clerk to call the roll. Alice Murphy - absent, Kenneth Millard - Yes, Lewis Lupinek - Yes, Jerry Fenske - Yes, r~arie Nichols - Yes. Chairman Millard explained that this will have to go to the Council for final approval and they usually meeting every week. Chairman Millard asked for the next item of business: The Clerk read the application of Mr. and Mrs. Edward J. Gowan who are requesting a square footage variance for the purpose of building a new home on their property on Orange Avenue. At this time Mrs. Murphy entered the meeting. All the post hearing procedures have been carried out. There was no reply from the letters that were sent out. Chairmal Millard asked Mr. Gowan to take an oath that everything that he is going to say at this hearing is the truth. Mr. Gowan answered that it is. u u All of the members of the board have inspected the property in question. Mr. Lupinek gave his opinion, stating that he understands that we are only 225 square feet short of the required square footage. There are homes all around this property so there is nothing that they can really do with it. Mr. Fenske commented that all of the lots in that area are shallow lots. Mrs. Nichols commented that this is a situation that can not be avoided, he has to be allowed to build. Chairman Millard stated that he can comply with all of the requirements other than the square footage. He asked if there are any neighbors present. There were none. Mrs. Murphy read from the Zoning Ordinance: If more than two lots or a combination of lots or portions of lots with continuous frontage and single ownership are of record at the time of passage of this Ordinance and if they do not meet the requirements established by lots width and area the land in- volved shall be considered an undivided parcel. She stated that he doesn't have more than two lots, so she even questions why he has to come to the Board of Adjustments. She thinks that the Ordinance gives him permission to build on the lots without a variance, and she stated that it is on page 21. Chairman Millard stated that Mrs. Murphy is exactly correct. He asked Mr. Gowan if he had applied anywhere else other than here? and who directed them to come to the Board of Adjustments? Mrs. Gowan stated that they came before they bought the land to make sure we could build on it. Chairman Millard stated that he feels that there are no objections? Mrs. Murphy stated that she may be wrong but she does not think that we should even act on this. Mr. Loeffler spoke to the board about this, stating that they can not meet the 125 foot setback but it does comply with all the rest of the lots. Chairman Millard stated that this is what he would call an automatic for a variance. Mrs. Murphy stated that he doesn't need a variance. Chairman Millard stated that we will give him one. Upon roll call: Alice Murphy stated that she doesn1t think that he needs a variance, Ken Millard - Yes, Lewis Lupinek - Yes, Jerry Fenske - Yes, Marie Nichols - Yes. Chairman Millard stated that this has to also go to the Council for final approval. Mrs. Murphy stated that she is concerned with them having to pay $50.00 for something that they did not need. Chairman Millard stated that it has been done. The advertising was done. -2- u u Chairman Millard stated that the recent publicity about our recent problem is going to be discussed by the board. He stated that he has written a letter to the Council outlining some doubts that he has expressed about the appropriatness of Mrs.Murphy continuing on the board. It is important that we divide in our minds the difference between intelligence, love for the town of Edgewater, ability to work hard, speak well and write well which are atributes that we all admire and respect in Mrs. Murphy. He stated that he feels that because of the public statements and the positions that have been made both at meetings and elsewhere it is difficult for a judicial board to conduct it's business with that kind of an active, involved,dedicated person. He said that we are suppose to come into the hearings without pre- conceived attitudes or beliefs about various Ordinances or requirements or whether a law is written well we are here to carry it out, and balance the rights of the individual with the rights of the general public in this town. He added that the only issue is the appropriatness of public statements about various issues in the town and whether a member of this board should be so involved. We have rules of conduct which were adopted when his chairmanship began and he feels that we have to invoke rule #6 now. He stated that the floor is open for any motion or comment. Mr. Lupinek made a motion from those remarks which were well reserved that we suspend Alice Murphy from our board. Chairman Millard stated that it is out of order for us to suspend anybody, all we can do is make a recommendation to the Council. Mr. Lupinek made a motion that we recommend that the Council look into this and come up with a definite Chairman Millard stated that he does not want to put words in anyones mouth, but is the motion being made that we are asking for Mrs. Murphy's resignation? Mr. Lupinek stated that he guesses this is what he wants to say - he continued to make a motion to ask for Mrs. Murphy's resignation, which was seconded by Mr. Fenske. Mrs. Murphy asked for the floor to read her letter of answer to the Council. After she read her letter, Chairman Millard asked what this has to do with the motion? Mrs. Murphy stated that she is having a day in court and she feels that she should have a chance to be heard. Mr. Fenske stated that he feels that this should be up to the Council. Chairman Millard stated that they will, we are merely reacting to a condition within our board and it has nothing to do with the Council. He stated that he outlined in his letter why he felt it would be better for Mrs. Murphy to be relieved of these duties. Mrs. Murphy stated that she thinks_that the board are very nice people, however she does not think that the majority of them are qualified to serve on a board. She stated that a variance was just granted to a man who does not need a variance, he was charged $50.00 and he should have been told to go get his money back. The other night you arbitrarily gave a variance which has completely shot down the whole zoning ordinance and there is no variance that you can deny now. Chairman Millard stated that Mrs. Murphy is entitled to express her opinion however the issue is whether a board member should so conduct themselves publically so that the board appears to have preconceived ideas. He stated that he would like to make a comment to the audience; this is an internal Board of Adjustments motion and ruling. It concerns our rules which we have had since his chairmanship be9an and one of the rules is that no member shall conduct themselves in a manner which would compromise the board. He called for a vote. -3- ~ u & Upon roll call: Alice Murphy - no comment, Ken Millard - Yes, Lewis Lupinek - Yes. Jerry Fenske - Yes, Marie Nichols - Yes. Chairman Millard stated that he will word a proper communication to the Council and he assured Mrs. Murphy that it will be approached in the briefest terms possible. Mrs. Murphy stated that she could care less, he is beating a dead horse. There being no more matters to come before the board, Mr. Lupinek made a motion to adjourn, being seconded by Mr. Fenske. Said motion CARRIED. -4-