10-21-1993 (Zoning Board of Adjustment) Minutes MINUTES OF THE ZONING BOARD OF ADJUSTMENTS
October 21, 1993
CALL TO ORDER
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Chairman Gerald Clark called the meeting to order with the following regular board
members present: Glen Graves, Robin Messer and Jeff Payne. Ray Capley was the
voting alternate member and Mike Cole was present as an observer.
10 PUBLIC HEARING REGARDING REQUEST FROM PURVIS AND LORI GRIFFIS FOR
A VARIANCE TO THE MINIMUM PARKING REQUIREMENTS OF THE ZONING
ORDINANCE TO ALLOW LESS THAN TWO COVERED/ENCLOSED PARKING
SPACES AT 306 STONE
15 The applicants told the Board that upon making application for a building permit
to enclose their garage and build a carport, they had been told by the former building
official that the carport must be constructed prior to obtaining a building permit for the
garage enclosure. They stated that upon completing the carport and making application
for the building permit for the garage enclosure, the current building official had stated
20 that two covered and enclosed parking spaces were required prior to enclosing the
existing garage.
The board discussed the current requirement in single family zoning and reviewed
the enabling statute regulating the powers of the board of adjustments. They considered
25 granting the variance based on building official error as allowed in the Comprehensive
Zoning Ordinance but Clark pointed out that no evidence existed that the building official
had made an official ruling on the enclosed garage.
Messer pointed out that the appearance of the property had improved significantly
30 since the Griffis' purchased the property. Mr. Griffis stated that there were other
structures in the vicinity with enclosed garages but Graves noted that the zoning
ordinance prohibited the Board from granting variances based on the existence of other
non-conforming uses.
35 The Board reviewed the Zoning Ordinance provisions that regulated their
decisions based on the following:
(1) that special conditions exist peculiar to the land, structure or building
(2) that literal interpretation of the ordinance deprives the applicant of rights
40 commonly enjoyed by other properties in the same district
(3) that the special conditions do not result for the actions of the applicant
(4) that granting the variance will not confer on the applicant any special
privilege that is denied to other structures in the same district
(5) that other non-conforming uses are not a grounds for approval of the variance
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45 The Board discussed the Zoning Ordinance provision that prohibited the Board
from granting a variance that would confer on the applicant a special privilege that is
denied to other structures in the same district and the provision that enabled them to
grant a variance if special conditions were peculiar to the land, structure, or building.
50 Capley made a motion to approve the variance to allow the garage enclosure
based on building official error subject to the applicants enclosing the newly constructed
carport to match the existing non-conformity. The motion died for lack of a second.
The Board discussed the size of the carport in relationship to the current size
55 requirements for two covered and enclosed parking spaces. Mrs Griffis stated that the
carport did not comply with Wylie's building requirements regarding size for a two car
garage and the width did not meet single car garage requirements.
The Chairman called for additional motions to approve. As there were none, the
60 application was not approved and the Chairman called for motions to deny. As there
were none, the variance request failed due to lack of four affirmative votes and the
meeting adjourned.
65 APPROVED
ATTEST `
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