HomeMy WebLinkAboutMINUTES Board of Adjustment 1998-02-03BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment
February 3,1998
Board:
Attending:
Chairman J. Donald Pauley, Members Jeff Barker, John Baudek,
Wayne Newsom and A1 Sager
All
Also Attending: Director Stamey, EPURA Executive Director Anderson and Secretary
Botic
Absent:None
Chairman Pauley called the meeting to order at 8:03 a.m.
MTNTTTES
The minutes of the December 2, 1997 meeting were accepted as presented.
17? WEST FT KWmtN. BOB’S___AMOCO,-----DIANE-----AND-----BOB
ITOWF.T.T ,/APPT TCANTS - VARIANCE REQTTF.ST FROM SECTION 17.16.040J
OF THF MTTNTrTPAT. CODE. AppUcant is requesting 1) an addition along the south side
of the existing structure to extend the depth of one service bay and 2) extension of the
canopy over the pump islands to allow for a clearance of 13'6 and horizontally to cover more
of the pump area. Applicant’s representative, Paul Kochevar, explamed the request statmg
the canopy has been hit many times, they would like to remove the danger by raismg and
enlarging it.
Art Anderson, EPURA Director, stated when the Master Plan was adopted by the Town it
called for the eventual removal of gas stations, not allowing them to continue or expand, and
to have the downtown area become pedestrian oriented. The proposed canopy will be a
visual intrusion and expansion approval would continue the economic life. Member Sager
suggested Mr. Howell approach EPURA for assistance with relocation of his non-
conforming use.
Stephen Stamey, Director, reviewed the variance requests noting the current use is non-
conforming. Staff findings are as follows.
Existing Canopy
Clear Height: 11'8"
Overall Height: 13’6" (Height matches existing buildmg height)
Width: 16'
Length: 44'
Proposed Canopy
Clear Height: 13'6"
Overall Height: 18'
Width: 26'
Length: 52'
Building Addition
Size: 15' x 15'
Setback: 17' at West comer
The existing use is nonconforming.
Proposed work is an enlargement and extension of a nonconfonnmg use.
Proposed work is a stractural alteration, enlargement, or extension of a
1.
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BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment
February 3,1998 Page 2
7.
nonconforming building.
The C-D District use standards were adopted in 1986.
Mr. Stamey also called attention to Town Attorney White’s letter dated 01/27/98. An
adjacent business owner telephoned Town Staff expressing concern regarding the canopy
enlargement. Mr. Stamey recommended denial of the variance request to enlarge and extend
a nonconforming use, and to structurally alter, enlarge and extend a nonconforming building.
Mr. Stamey also noted that previously Village Gas requested a car wash bay extension,
which was denied. The downtown goals identified in the mid 80's were to create a
pedestrian environment.
Mr. Howell responded to Member’s questions, stating he has owned the business since 1970
and purchased the property in 1986 with rezoning taking place after his purchase. He stated
the request could be amended to lower the canopy’s height to 15'.
Member Newsom stated while appreciating the proposed improvements would benefit the
Howells, the request is in opposition to the Mumcipal Code and does not fit the Board of
Adjustment criteria to allow a variance.
Chair Pauley requested Members consider the requests in separate motions.
Member Baudek stated his concerns are for the canopy projection towards the street. Mr.
Howell offered the canopy could be raised and widened to the east, and would not extend
any closer to ftie sidewalk.
Member Sager stated that the variance approval would be detrimental to the public good.
He expressed concern with the non-conforming operation and possible compromises being
discussed. Mr. Howell stated the gas station has been there for 28 years and will be there
another 22 years with or without approval of the variance requests.
Member Sager requested Mr. Howell consider a petition to EPURA for their assistance to
relocate and it was moved and seconded (Sager/Newsom) the variance to allow a canopy
extension, be denied for 172 West Elkhorn, and it passed with the following votes. Those
voting “Yes”, Newsom, Pauley and Sager, those voting “No”, Barker and Baudek.
It was moved and seconded (Newsom/Sager) the variance regarding the 15’ x’ 15'
building extension, be denied for 172 West Elkhorn, and it passed with the followmg
votes. Those voting “Yes”, Barker, Baudek, Newsom and Sager, those voting “No”, Pauley.
FT FrTTON OF OFFTCERS. APPOINTMENT OF SECRETARY
J. Donald Pauley was nominated Chair and it passed unanimously. A1 Sager was
nominated Vice Chair and it passed unanimously. The Community Development
Secretary, currently Roxanne Botic, was appointed as Recording Secretary.
REPORTS - None
There being no further business. Chairman Pauley adjourned the meeting at 8:37 a.m.
MOJrdkCiJ
Roxanne S. Botic, Recording Secretary