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HomeMy WebLinkAbout08-13-84 MINUTES OF TftE SCHEDIILED :BOARD OF ADJUSTMENT MEETING HELD AUGUST 13, 1984 Present: Chairman Beatty, Wite-ie Gobb, Jack Marsden CtL66 Rhodes, . Gene Dickenson, and Rich Kempher. Mn. Watter E.twee,t, City P.tznnen, was present, and Deputy Cterfz LautoudLs . Absent: None Cage To Orden Chairman Beatty carted the meeting to anden at 7:30 p.m.. Approval Mn. Gabs moved to approve the minutes o6 Juty 2, 1984 a6 written, Mn. Rhodes seconded and the vote was unan.imous.ty in bavon. BRE1F DISCUSSION - MR. WALTER ELWELL - CITY PLANNER Chairman Beatty estabti hed the bait that ate the members had xeceLved the tetter dated August 6, 1984 and the Stabs Report bnom Mk. E,eweet. M'.. E!wett .intn hirosetb to the Board. Mn, ELwett stated that this was his .iwiti,at expeni.ence with the Boaxd ob Adjustment, and that he-was present to assist the Board and .inbonm the Board as much as he could. Ne then stated he was not bon on against any appticant, he was only to .inborm the Board ob the status. Mr. Etwet t gave the stony £ead..ng up to Mn. Rank's appeae to the Board. Mr. Rank appea,eed the Commission, by Mn.. Gni6b.in's suggestion. The Legal Counse.t recommended that M. Rank boLtow the set procedures, and appeal the Board a6 Adjustment ban a Special Exception. AUhough, the Board ob Commis- s.Lonens did waive the Vania.nce Fee. The Board ob Adjustment oney recommends, the Board does not approve on disapprove. Chairman Beatty thanked Mn. ELwe t bon the good job and stneamtined 4t466 n.epont. MR. JOHN RANK - CITIZEN SLEEPY HARBOR - COMMERCIAL VEHICLES IN RESIDENTIAL AREA. • Chairman Beatty stated he was upset at putting Mx. Rank through such a .tong drawn out ondea.t, when he's been doing thin bon eleven years. Mn. Dicke/Eton stated he and Mn. Ken Gn,i66.in had gone through the pnev.ious code Wm 1971 and it did not have anything about commerci,a.t vehicees being panfzed in a nes.cdentia.t area. This indicates that Mr. John Rank wooed have been gnand- bathened in and the 1979 code would not apply to him. Chairman Beatty ca,eeed a 10 minute recess so the Deputy C.tenfz cou.td go get the 1971 Code. At 8:08 p.m. the meeting was ca2ted back to onden by Chairman Beatty. Chairman Beatty painted out that the 1971 Code had the same sectioi as the 1979 Code which pnahLbited commene,iae vehietes in a nes.identiat area, thene6are Mt. Ranlz cowed not be gnand6athered .in. ChcWwman Beatty then asked bon comments brom the citizens present. Mn. Pout Be?,tew - 700 E. Lafzeshone Dr. - Pnes.ident ob the Homeownen.6 Association, Lived there since 1976. Mn. Beetew stated he was not speaking l ion the Home- owners A6soe., he was speaking as a citizen. Mn. BeLtew stated that Mn. Rank has been dniv.ing his tnuefzs bon. e.teven yean.6, he does not drive into the sub- division with them, he drives tight out to White Road on On gndo Ave., the tituckz axe not an eyes one, as he has a pnLvacy hence, which Hocks anyone 6nom seeing his tucks. Board o6 Adjustment Page 2 August 13, 1984 Mn.. Tom S! mirk, 408 E. Lakeshore DALve, stated he has no problem with MA. ,,, Rank dA..v.ing ot pa thing his dump tnucks on his pnopenty. MA. Smith Branch; 428 E. Lakeshore Drive, stated he's known about MA. Rank's trucks since 1976, and never had a prob.2em with noise, on anything. MA. Stan Banton, Lot 47, stated he has been in the subdivision since 1973, and is MA. John Rank's closest ne%ghbon, and as ate the o #hens have stated, there is no noise, no eyes ore, no problem with h. is trucks at att. Mn.. Rhodes asked how this case came about in the t.vcst place. Mn. ELwel stated that MA. Ken Gniain had taken an anonymous oven the telephone complaint. Mn. E!wete and Mt. Dickenson expea.i.ned that at the tact Commission meeting the Comm-isatonens expressed opinions that bnom then on the complaints would be signed, and written out. MA. Dickenson stated that ,crash applicant should be handled on an individual basis. MA. Ga i disagreed, he stated .is you give one pennon a break, you must give others a break. Mr. Rank stated that in 1973 he was granted penmiss.ion to have his trucks parked there as tong as he put up a piu.vacy Bence, and did not drive the trucks into the subdivision, which he has abided by both nequestd . MA. Rank continued that thus document must be somewhere in City Hatt. Chaihman Beatty AemJ,nded the Board that they were only to neeommend, not to deny on approve the exception. MA. Beatty then /Lead Section 8 the Code and asked t ion. Mn.. Etvat's opinion o6 what he read. MA. Etwe l stated some wording in the Code could be .intenpnetted in di66enent ways, but the paragraph MA. Beatty /Lead aloud .indicated .that the Board could not approve a special exception ob this sort. Chai'unan Beatty asked 6or a motion. MA. Rhodes moved to deny Mn. Rank's application ion an exception, MA. Go66 seconded, and the motion was caAAied with MA. Go66, MA. Rhodes, MA. Marsden, and Mn Beatty voting yeh, and MA. Dickenson, and MA. Kemphen voting ney. Chaihman Beatty suggested that MA. Ranh check on documentation his g.anted penm.iss.ion in 1973. Mn. Rhodes moved to ad1ounn at 8:35 p.m., M'. Go66 seconded, and the vote was unanimous. C 4 c ATTEST: Deputy C.2erk