03-03-1975 Workshop
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ZONING BOARD OF ADJUSTMENTS
REGULAR WORKSHOP
MARCH 3, 1975
The Regular Workshop meeting of the Zoning Board of Adjustment
was called to order March 3, 1975, immediately following the
Public Hearing.
ROLL CALL
Mr. Cliff Denton
Mr. Jerry Fenske
Mrs. Alice Murphy
Mrs. Marie Nichols
Mrs. Phyilis Woodard
Present
Present
Present
Present
Present
APPROVAL OF MINUTES
Mr. Denton made a motion to approve the minutes of the February
3, 1975 Regular Workshop, and the February 19, 1975 Special
Workshop, being seconded by Mrs. Nichols.
Mrs. Murphy stated that to be honest she feels as though there
has been somewhat of a Vfolation of the. Sunshine Law, due to
the fact that things were discussed which were not on the agenda
for the Special Workshop meeting, called on February 19th.
Mrs. Woodard stated that a workshop is to set an agenda.
Upon roll call vote on the motion to approve the minutes said
motion CARRIED.
OLD BUSINESS
Mrs. Woodard stated that since the City Attorney is present
the board needs clarification of the non-conforming lots,
Section 400.01.
City Attorney Weaver suggested that he go through and brief
this section out and send a copy to the Planning & Zoning
Boards also and see if the three boards can come up with some
recommendations.
Mrs. Woodard stated that there has been discussion on Section E
on page 124, and she asked Mr.Denton if it was correct that he
got a copy of this Charter during the first reading and this
section was not in it.
Mr. Denton stated that this is true.
Mrs. Woodard asked him if it is true that there was no public
announcement that this was added.
Mr. Denton stated that no, there was no public announcement.
City Attorney Weaver stated that this added section did not
come from the Zoning and Planning Board, it was the Council's
decision to add this section. He also stated that it ~s not
the Board of Adjustment's purogative to go ahead and try to
redraft what is in this Ordinance. This point has been made
to the Council, and this is being considered.
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At this time there was various discussion about when this section
was added to the Ordinance.
Mrs. Nichols stated that since this is an entirely a new board
and until we know our duties, th~s might be best if the Council
leaves it as it is now.
Mrs. Woodard stated tbht she was called by the City Clerk and
warned that the Sunshine Law had been broken at our last workshop,
which was a Special Workshop called. She asked if she was not
correct that at Public Hearings we stick to the agenda, but in
workshops we can discuss.
Attorney Weaver stated that workshops are to set up the agenda.
Mrs. Woodard stated that a letter was submitted to the board
by Mr. Denton at this Special Workshop and she felt that it
was important to read the letter due to the Public Hearing
which was coming up tonight.
Mr. Weaver stated that he would try to get this straightened.out.
If a Special Meeting is called, only the matters which this meeting
was called for can be discussed, however at a workshop anything
can be discussed as long as it is business under the board's
jurisdiction.
Mrs. Nichols questioned the City Attorney if there was anything
to be done to speed up this process of shifting the people around
for a month?
Mr. Weaver stated that he would look into this.
NEW BUSINESS
Mrs. Woodard read an application for Public Hearing from Mrs.
Billie Harris. She needs a variance to build a two story
multiple dwelling for two families, with an office in the
downstairs. They want to come within 10 feet of the property
line and 16 feet on the side. The zoning in this area is B-3.
City Attorney Weaver stated that if the board members would
refer to Section 904.03 on page 128 of the Ordinance. This
sections states that the Board of Adjustments does not possess
the power to grant a variance permitting use of land or a
building that is not permitted as a principal use of the
structure in the district involved.
Mr. Weaver stated that what is needed in t~is case is some
type of rezoning.
After much discussion on this matter it was decided that a
letter asking for clarification from the Council is to be
written.
Mr. Fenske made a motion not to accept this application since
it is out of the board's jurisdiction, being seconded by
Mrs. Nichols. Upon roll call vote said motion CARRIED.
Mrs. Woodard read a letter from the City Clerk in regard to
Mrs. Louis Minton's house at 208 N. Old County Road which was
destroyed by fire. Mrs. Minton would like to rebuild her
house, however this area was rezoned Industrial and the
building inspector cannot dssue a building permit to her.
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There was some discussion about this.
Mr. Weaver stated that this also is not within the board's
jurisdiction, and a memorandum should be written to the
Council.
City Attorney Weaver stated that in regard to the Atlantic
Machine and Proto Mold applicationst he has written and
explained that those are not the right applications. They
are asking for something the board cannot do. They are not
asking for a variance or a special exception, they are asking
for their conforming building and property to be declared a
non-conforming use, which has to be torn down in twenty years.
Mr. Fenske made a motion to adjourn this meeting, being
seconded by Mrs. Nichols.
Meeting adjourned - 10:30
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