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HomeMy WebLinkAboutMINUTES Board of Adjustment 1978-10-30RECORD OF PROCEEDINGS Board of Adjustment October 30, 1978 Board:Chairman Rumley, Members Houston, Sager, Thomas, Wagner and Alternate Member Lamson Attending: All Also Attending:Town Attorney Babcock, Town Administrator Hill, Town Engineer/Planner Widmer, Building Inspector Jones JOHNSON - SETBACK VARIANCE - 131 BOYD LANE: An application was submitted by Robert S. Johnson for a 4' setback rather than the required 8' setback according to the R-2 zoning re­ quirements and Section 17.68.060.of the Municipal Code. Mr. Johnson requests to put an addition and sundeck onto his house located at 131 Boyd Lane in which the exterior wall would only setback four feet from his side yard property line. Correspondence regarding the variance request was received from the following: Robert S. Johnson Sarah Curry . . .' . Donald E. Engelhard! William and Joyce Grove Marylouise V. May October 23, 1978 October 23, 1978 October 22, 1978 October 20, 1978 October 23, 1978 Ormand Rose and Helen Rose appeared speaking in opposition to the variance. Member Houston moved to deny the application for variance of Robert S. Johnson and Simone A. Johnson on the basis that the applicants have failed to establish any extraordinary circumstances or special conditions concerning the property which would justify the granting of a variance, and that the owners will be able to make an addition to their residence without violating the setback require­ ments. Member Thomas seconded the motion. Upon roll call the motion passed by the following Thomas, Wagner, Rvimley, votes: Those voting "Yes" Members Houston, and Lamson. Those voting "No" none. Member Sager abstained from voting with permission from the Board due to a conflict of interest. HORST - SETBACK VARIANCE - LOT 9, BLOCK 7, RECLAMATION SUBDIVISION: Mr. Leland Horst appeared requesting an approximately 4^' setback (as measured from the eaves of the addition) from the side yard line rather than the required 10' setback for an addition to his residence at 340 5th Street. Mr. Horst added a larger addition to his house than was originally shown on his submitted plans and the encroachment of the addition into the setback was not realized until the most recent in­ spection. Member Sager moved that the Board of Adjustment finds that extraordinary and exceptional circumstances exist in this case and that the variance be granted provided the existing fence be moved within the owner's property line within one year of this date. Member Wagner seconded the motion. Upon roll call the motion passed by the following votes: Those voting "Yes" Members Thomas, Houston, Sager, Wagner, Rumley. Those voting "No" none. RENNER - EXPANSION OF NON-CONFORMING USE - RANCHOUSE RESTAURANT: Ed Renner, owner of the Ranchouse Restaurant, appeared requesting a variance to allow a 3' by 12.8' addition to enlarge the rest room area of his restaurant and to add an 8' x 16' open deck to be used as waiting room for customers. He explained that the additional rest room area was needed in order to conform to county health requirements. Member Sager moved that the Board of Adjustment finds that the expan­ sion of the applicant's building by adding rest room space to conform to health and other regulations does not constitute an expansion of the non-conforming restaurant use. Member Thomas seconded the motion and RECORD OF PROCEEDINGS Board of Adjustment October 30, 1978 Page Two (2) upon roll call the motion unanimously carried. Member Robert E. Wagner then moved that the Board of Adjustment finds that the expan­ sion of the applicant's building by adding an 8' x 16' open deck does not constitute an expansion of the non-conforming use so long as no additional seating space is created thereby. Member Houston seconded the motion and upon roll call the motion unanimously carried. There being no further business, the meeting adjourned. l\JoAx^ Joa^7an Horn, Town Clerk