HomeMy WebLinkAboutminutes.boa.19850516 RECORD OF PROCEEDINGS
REGULAR MEETING BOARD OF ADJUSTMENT MAY 16, 1985
Chairman Remo Lavagnino called the meeting to order at 4: 03
p.m. with members Anne Austin, Francis Whitaker, Rick Head ,
Charlie Paterson and Ron Erickson present.
NEW BUSINESS
CASE 85-8 / GRONNER. HULL
Mr. Lavagnino opened Case #85-8. Francis Whitaker stated that a
written statement had been submitted by the applicant saying that
he would be out of the country at the time and date of this
hearing and asked that his case be tabled until May 30 , 1985 at
4: 00 p.m. Mr. Whitaker read the letter from the applicant.
Whitaker moved to table Case #85-8 to May 30 , 1985 ; Head
seconded. All in favor; motion carried.
OLD BUSINESS
CASE #85-7 / ASPEN MOUNTAIN LODGE PROJECT
Mr. Head read a letter from the building inspector stating:
"Please be advised that the Building Department representative
and our representative from Hansel Phelps have been in touch
and it is agreed that the fence requirements for the project
are temporary and within the realm of the Building Department
approval system without involving the Board of Adjustment.
Please cancel the hearing scheduled for May 16, 1985 on our
behalf. "
CASE #85-6 / INDEPENDENCE LODGE
Lavagnino read the variance requested:
"A height limit variance to allow the construction of a
9 foot by 19 foot roof access stairway which would exceed
the 40 foot height limit by 6 1/2 feet. Proposed addition to
the Independence Building exceeds the 40 foot height limit
for that commercial core zone (See Article VIII, Section
24-3.4 area and bulk requirements. This building is also
in the Wheeler view plane. Proper application has been made
to that commission. This does not add floor space. "
Lavagnino asked the secretary, Rim Wilhoit, for comments. She
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RECORD OF PROCEEDINGS
REGULAR MEETING BOARD OF ADJUSTMENT MAY 16. 1985
stated that several people had called during the day stating that
they were not noticed of this hearing. Curtis Odem was present
for the applicant. He stated that he had made a mistake, being
that the Independence Building is on Lots 1 , 2 and 7 1/2 feet of
Lot 3 in that block. He was not aware of the 7 1/2 feet of Lot
3, therefore, adjacent owners to lot 3 were not notified.
Lavagnino told Paul Taddune, City Attorney, that certain adjacent
owners had not been notified by mail regarding this
case. Mr. Taddune responded that the hearing would then be null
and void and the Board would not have jurisdiction to decide the
matter because the notice was inadequate. He advised the Board to
renotice the case and reschedule a public hearing.
Anne Austin asked Mr. Taddune if the unnoticed owner were present
at this meeting , could he waive this request for
renotice? Mr. Taddune replied if the notice is defective with
regard to one owner, and that owner is present, then he could waive
the notice and the Board would have jurisdiction. Lavagnino said
we don't know for a fact that Mr. Heinz is the only unnoticed
owner. Mr. Taddune said he assumed, from what the applicant has
said, that the Board is informed that the notice has been
imperfect. There may be other areas that are defective.
Mr. Whitaker stated that there is an opinion from the City
Attorney that the notice was defective and that therefore the
Board does not have jurisdiction, I think we should act on
that. Lavagnino said since the applicant has admitted their
defect in noticing, there is nothing the Board can act on. The
applicant will have to resubmit their request for a hearing and
make sure all of the adjacent property owners are notified.
Motion-
Francis Whitaker moved to adjourn the meeting at 4 : 18 p.m. ; Ron
Erickson seconded. All in favor, motion carried.
Kim Wilhoit, Deputy City Clerk
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