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HomeMy WebLinkAboutminutes.boa.19960808BOARD OF ADJUSTMENT AUGUST 8, 1996 Chairperson Charlie Paterson called the meeting to order at 4: 15 p.m. with members Ron Erickson, Howard DeLuca, Rick Head and Jim Iglehart present. Members David Schott and Dan Martineau were excused. Minutes MOTION: Erickson moved to approve the minutes of May 23, 1996. Seconded by DeLuca. All in favor, motion carries. MOTION: Erickson moved to approve the minutes of June 20, 1996. Seconded by Head. All in favor, motion carries. STAFF COMMENTS Stan Clausen, Community Development Director introduced Sara Thomas, the new Zoning Officer. There were no public comments on items not on the agenda. Case 96-02, Kirianoff Paterson said the applicant has requested to table action and continue the public hearing to October 24, 1996. David Hoefer, Assistant City Attorney stated this has been tabled 4 times now, he thinks we should notify the applicant this will not be tabled again and if she doesn’t show up it will be considered withdrawn. Erickson asked what the reason for tabling was. Paterson said the applicant had to leave town on an emergency. Erickson agreed with the Attorney. MOTION: Erickson moved to table action and continue the public hearing to October 24, 1996. Seconded by DeLuca. All in favor, motion carries. 1 BOARD OF ADJUSTMENT AUGUST 8, 1996 96-08, Eppler Paterson said the applicant is requesting an FAR variance of 200 s.f. for extension of the sundeck at 401 W. Francis. Sharon Kahn, representing the Eppler’s stated Mrs. Eppler is having major back surgery in September and they are requesting an extension of the sunroom so she can use that as a rehabilitation room for therapy over the next few years. Kahn said the addition is on the alley side over an existing bedroom, it is important she have this room because she is older and needs this separate place to live, she is going to keep her bed up their and have in-house therapy at the doctor’s suggestion. Arthur Younger, representing applicant corrected the s.f. to 170 not 200. Paterson asked for the proof of notice and posting. Kahn said she posted the property and did not realize the posting affidavit had to be notarized. Paterson asked the Attorney his opinion. Hoefer stated that we can not proceed without proof of notice because it is jurisdictional. Kahn asked what she had to have notarized. Paterson said she needed a picture of the posting and have it notarized that it has been in place for ten (10) days. Paterson stated there is a form in the packet. Kahn said she did not see that in her packet, she notified the neighbors and asked if the Board could proceed. Hoefer responded that they have been recommending that the Boards not proceed, with Planning & Zoning we have made applicants continue until the proof of notification is complete. Kahn said they can not get approval without that. 2 BOARD OF ADJUSTMENT AUGUST 8, 1996 Paterson stated they would not approve or decline the application without the papers. Hoefer noted the problem is, if it was denied the applicant could say we proceeded without jurisdiction or a neighbor could contest it and say we proceeded without jurisdiction, consequently whatever they decided could be thrown out. MOTION: Head moved to table action to August 15, 1996. Seconded by Erickson. All in favor, motion carries. Kahn asked where to get the affidavit. Paterson said to see the Zoning Officer. DeLuca also asked for a copy of the list of neighbors within 300 ft. NOTE: The applicant withdrew this application on August 12, 1996. Vote for Chair and Vice Chairperson MOTION: Erickson moved to approve the of selection of the officers Charlie Paterson, Chairperson and Rick Head, Vice Chairperson. Seconded by DeLuca. All in favor, motion carries. MOTION: Head moved to adjourn at 4:40 p.m. Seconded by Erickson. All in favor, motion carries. Amy G. Schmid, Deputy City Clerk Minutes ................................ ................................ ................................ .................. 1 Case 96-02, Kirianoff ................................ ................................ ............................. 1 96-08, Eppler ................................ ................................ ................................ .......... 2 Vote for Chair and Vice Chairperson ................................ ................................ ..... 3 3 BOARD OF ADJUSTMENT AUGUST 8, 1996 4