Loading...
HomeMy WebLinkAboutminutes.boa.19930805 �V RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT AUGUST 5, 1993 Chairman Remo Lavagnino called meeting to order at 4: 00 P.M. Answering roll call were Howard DeLuca, Ron Erickson, Rick Head, Charlie Paterson and Remo Lavagnino. Bill Martin was excused. CASE #93-7 - - - - STRYKER - - - - - - - - (Continued from July 15, 1993) Marti Pickett, Attorney for applicant handed memo to each member. (attached in record) After discussion: MEMBER COMMENTS: Ron: I have some problems granting this variance. However, I think that the applicant, although I might not personally like an addition to the historically significant building, I think HPC has handed them a hardship in telling them they would deny the use of FAR that they are allowed. So I think by eliminating that square footage they are creating a hardship and I, in all good conscience would have to grant a variance in this case. Howard: I have to agree with Ron that to restrict them down to 131 square feet there is no possible way for them to build anything. If we decide they don't get a variance they are really--they have no options. And if they don't get to use their FAR under the circumstances, yes, I think they have been put into a hardship situation. So I would give them the variance based on that. Charlie: Yes, I feel there is a hardship there. Also the fact that the lot is larger and that there is not that much impact on the neighborhood. I think it is a minimum variance. Rick: I am in favor of granting this variance. Remo: It is my feeling that HPC has really taken away their leverage of their potential FAR to use as a tradeoff for working with us. And I really do believe HPC has not allowed them to use their legitimate FAR. And by taking that away from them I think they have created a hardship and I don't find any problems with granting this variance. At this point Ron read into the record a letter from Joseph A. Amato at 222 East Hallam stating his support of this application for a variance. (attached in record) BAM8.5.93 MOTION Ron: I make a motion that we grant a variance in this case #93- 7 of 1.48% in site coverage or 289. 3 square feet of site coverage with the proviso that the accessory dwelling unit or duplex unit being created will be deed restricted under provision of City Ordinance #90-60 as a resident occupied unit. Rick seconded the motion. DISCUSSION Remo: I would like to have in the motion that no second story ever be built on this property as a condition modifying this motion. Ron: I amend my motion to include that no second story will be permitted on this building in the future. Rick accepted this condition to his second of the motion. Roll call vote: Howard, yes, Rick, yes, Ron, yes, Charlie, yes, Remo, yes. Variance granted. Drueding: Do they have to record any of this other than the deed restriction? Or is this part of the record and is no going to be a part of the title search? ?: If you want it to run with the land, you better record it. Drueding: (to Marti Pickett) Will you record this that--write it up for the City Attorney to sign. Pickett: Sure. The only clarification I would make on the second floor; you said "on this property" . You said "on this building" . I am assuming it is on the building. Should it ever be razed for some reason, I just want to make sure. Remo: The motion is "on the building" . There being no further business-- Charlie made a motion to adjourn. Ron seconded the motion with all in favor. Time was 4:40 P.M. Ja &-M. -Car ey, City ep y Clerk 2