03/08/76 Bd of Adjustment MinutesBoard of Adjustment Minutes
The regular monthly meeting of the Board of Adjustment, held in the
City Council Chambers, City Hall, was called to order by Chairman,
Austin Miller at 7:30 P. M., on March 8, 1976.
Present were board members, Dr. Roche, Hal Sampson, and Frances O'Boyle.
Also attending were Harvey.Knebel, Ralph Jaeksan, Mary Picket from the
Interlake and three other citizens.
Minutes of the February 23, hearing on the old hopital variance were read.
Dr. Roche moved to approve them. Frances O'Boyle seconded. Passed.
Betty Norem Realty requested a variance on Sunset Blvd. to build an office
in a residential area. Austin Miller felt the request should be seperated
into two considerations.
1. For South part of lot for her office.
2. The other for professional buildings on the north part.
The Board suggested that she have a petition signed by property owners
within 300 ft. of the property. Also a more specific sizesof buildings
and locations on the lots.
Tim Gratton requested azvariance on Town House development regarding lot
size requirements and side lot requirements. It was suggested that a public
hearing be held after the property is..:brought into the city limits. Hearing
to be April 1 or 2nd, published on the 16th or 17th..,A motion was made by
Dr. John Roche and seconded by Hal Sampson. Roll call vote all voted aye.
Chairman, Austin Miller opened discussion on the County's request for a variance.
He discussed Zoning Ordinance, Section 1.5, Jurisdiction and Powers, which is as
follows:
Under paragraph B-3, "To authorize, upon appeal in specific cases, such
variance from the terms of the ordinance as will not be contrary to the public
interest, where, owing to special conditions, a literal enforcement of the pro-
bisions of the ordinance will result in unnecessary hardshi-;), and so that the
spirit of the ordinance shall be observed and substantial justice done."
In the application to be filed for a change in use variance, paragraph 10 re-
quires the following compliance:
A. That the strict applications of the provisions of the Zoning Ordinance
would result in practical difficulties or unnossary hardships inconsistent
with its general purpose and intent.
B. That there are exceptional circumstances or conditions applicable to the
property involved or to the intended use or development of the property,
that do not apply generally to other property in the same zone or neighborhood.
C. That the granting of a variance will not be materially detrimental to the
public welfare or injurious to the property or improvements in such zone or
neighborhood in which the .property is located.
D. For use variance requests indicate why the property in question CANNOT yield
a reasonable return if used ONLY for a purpose allowed in that zone.
It would appear that the County has not proved its case in any of these
regards. The testimony at the public Hearing and the exhibits submitted proved
that the County owns the building and that it has a plan to use it for various
offices. However, on the other side, we have numerous persons actively opposing
this change.
It would appear that our Board has only two ch-� ces at this time:
1. Deny the variance, or
2. Give the County one further opportunity to present evidence of the
following:
A. Approved plans for traffic flow worked out with the City to
minimize the impact of traffic on the area.
B. Proof from outside sources that the property in the area
will not be devalued by a change in the use of this facility.
C. Proof that a hardship exists in their not being able to use
the area under the present zoning regulations.
Austin has a petition in favor of the variance. The Board feels the burden of
proof is on the County.
George Cox who lives on 6th A.W. spoke in favor of the county offices moving
into the old hospital. He compared traffic problems with that of the traffic
problems around the school.
Hal Sampson moved that the Board send a letter and a copy of the Zoning
Ordinance, Section 15 to the County and then hold a public meeting. Frances
O'Boyle seconded the motion. All voted aye. Austin will write the letter
to the County.
Meeting Adjourned 9:30
Harvey L. Knebel, Secretary
Board of Adjustments