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HomeMy WebLinkAboutminutes.boa.19960523BOARD OF ADJUSTMENT MAY 23, 1996 Chairman Charlie Paterson called the meeting to order at 4:00 p.m. with members Howard DeLuca, Jim Iglehart, and Dan Martineau present. Members David Schott, Ron Erickson and Rick Head, were excused. Case #96-07, 123/129 W. Francis, Jake Vickery Proof of notice provided. Jake Vickery, architect is representing Donnelley Erdman who is purchasing Lot A of the Vickery Historic Lot Split, the Lot Split line goes down the middle of an existing historical house and we are asking for a variance to move the historical house over to Lot B and request that the house be allowed to remain there for approximately two months after we start construction, we do not know when we will get the building permit but contractually we have to get the house off of Lot B no later than August 25, 1996. Bill Drueding, Staff Zoning Officer said that Staff is in favor of this but would like a date specific in the approval and it will have to be in conjunction with a valid building permit, moving or demolition, we also request that it not be inhabited. Vickery said that is not a problem with him and it is located within the 5’ minimum setback from the west property line and is more than the minimum 10’ front yard setback. Paterson asked where the house would be located on the Lot. Vickery responded that it will be on the front of the Lot, it is basically moved laterally West. Iglehart asked where the final destination of the house will be. Vickery responded that it will be Lot A, they will do the foundation work, back fill and preparation, then move the house back on the foundation which takes approximately two months from the start of construction. Drueding said at this point the Board can only approve the temporary storage. Amy Amidon, Staff said she is here to answer any questions, this project has been reviewed extensively by the Historic Preservation Commission. Drueding said the Board needs Amidon’s approval on the storage. Amidon said that HPC supports the temporary relocation of this house to Lot B, as proposed. Martineau asked if it is common to require a bond or some guarantee that during the course of moving this will not be demolished. Amidon responded that there is a BOARD OF ADJUSTMENT MAY 23, 1996 bond on this project. Amidon stated that she will not sign a building permit until there is a bond and a structural engineer has been involved. Martineau said if there’s an accident it will not come back on us. Amidon said yes. Paterson closed the public hearing. DeLuca said that he does not have a problem with the temporary storage, the only problem is there is no date certain because the applicant has not started construction and he is saying two months from the beginning of construction. DeLuca asked if there is a way to condition the approval so that once the permit is issued the applicant will have 90 days to put the house back in place. Drueding said that is a good point, what if the applicant does not proceed with the building permit for the other foundation, we do need a time limit on how long this can be here, after the time limit is up, he said he did not know what the Board will do about it. DeLuca responded that has happened before and the applicant came in for an extension of the variance. Martineau stated that he would give a very liberal time limit as, none of the neighbors came in to complain about the project. Paterson said we can give the applicant three months from the time he moves the building to the other location, to get it back on the foundation. DeLuca said yes, if we establish that the applicant can not move the house until he a has a permit. Drueding said the Board could say that the house does not leave the lot, it does not get relocated until there is a valid building permit to relocate it. Paterson said the Board should leave the building permit out, just say that 90 days after the house is moved it has to be put back on the new foundation. Iglehart said that he can not move the house until he has a building permit. DeLuca stated that apparently he can pull two permits. Drueding responded that the applicant can move the house off, if the Board of Adjustment gives approval to move it, to put it back on the original Lot the applicant will need a full blown building permit. Martineau stated that as Staff said, we do not have to get into that, we can stipulate a certain area of time after the house is moved. BOARD OF ADJUSTMENT MAY 23, 1996 Paterson re-opened the public hearing. Paterson asked the applicant if 90 days would work. Vickery responded that 90 days from the time the house is moved to move it back, works for us. Vickery stated that they are trying to get the relocation permit in advance of the building permit which may give us a few weeks. Martineau asked if that will answer Staff’s concerns. Drueding said that the applicant can move it whenever he wants, within a year, if you give him the approval but once he moves it, he does not want it sitting there on blocks for 5 years. Vickery asked for 120 days, because it is conceivable that he will get the relocation permit up to 30 days in advance of a full building permit, we would lose 30 of our 90 days waiting for the full building permit leaving 60 days to move the house, do the foundation, excavation and move it back that is cutting it close. The Board did not have a problem with that. MOTION: DeLuca moved to grant the variance requested in case #96-07, 123/129 W. Francis, Jake Vickery to relocate the existing historic cottage to Lot B, as shown on the applicants drawing, the applicant will have no more than 120 days from the time the house is moved to return it to the foundation on Lot A, during that time period it can not be occupied in any way, manner or form. Seconded by Martineau. All in favor, motion carries. Case #96-02, Kirianoff Drueding stated that the applicant has said they can purchase transfer rights from Savanah Limited and they can not do that, the building is on a lot and is as big as it should be. DeLuca asked about the available FAR. Drueding responded that it was built to the maximum, that is why that area is open, it wasn’t counted at the time. Drueding said under current code, it would be worse. BOARD OF ADJUSTMENT MAY 23, 1996 Iglehart asked if the applicant built to the ceiling, in the area they want to put this glass wall, say it is 8’, can they go up to 6’ and call it a fence. Drueding responded they can from the ground. Iglehart said not from the concrete that it sits on. Drueding said if it looks like a wall, it’s a wall and we will call it a wall, they can not put a fence out in front because it is in their required open space, back where the roof comes over they can put up a fence up to 6’. DeLuca asked if they can put a fence on top of the planter wall. Drueding responded that they can put in an open fence. MOTION: Paterson moved to continue case #96-02, 616 S. Galena St., Kirianoff from June 6, 1996 to June 20, 1996. Seconded by Martineau. All in favor, motion carries. Minutes MOTION: Iglehart moved to adopt the minutes of April 26, 1996, case #96-03, 614 W. North, James Ferrara. Seconded by Martineau. All in favor, motion carries. Paterson moved to adopt the minutes of April 29, 1996, case #96-04, 101 Park Ave., Tom Reagan. Seconded by DeLuca. All in favor, motion carries. Iglehart moved to adopt the minutes of April 29, 1996, case # 96-05, Cooper Street, John Davis. Seconded by DeLuca. All in favor, motion carries. Martineau moved to adopt the minutes of April 29, 1996 as amended, case #96-06, 121 W. Bleeker, Watson. Seconded by Iglehart. All in favor, motion carries. MOTION: Peterson moved to adjourn at 4:30 p.m. Seconded by Martineau. All in favor, motion carries. BOARD OF ADJUSTMENT MAY 23, 1996 Amy G. Schmid, Deputy Clerk Case #96-07, 123/129 W. Francis, Jake Vickery __________________________ 1 Case #96-02, Kirianoff ________________________________ ______________ 3 Minutes ________________________________ __________________________ 4