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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