07/02/1975 Minutes - Laserfiche WebLink

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Zoning Board of Appeals 7- 2- 75 - 6 a are not in by August 1. Mr. Gareau oj?jected. Hardship rules were read. Three conditions must existo Mro I4innis then made his closing comments: (1) Difficulty of pre- mises, property is on corner and alreadyhas one building, and abuts residential; (2) there is tangible as well as intangible loss for Mr. Simmons who has been the owner of the property for 18 years; loss of property rights, and (3) there is no'evidence showing safety, health and welfare in jeopardy; no threat to the whole comriunity. TZr. Friedman said he thinks Si.mmons made a mistake; the gas question is specious; it is the same cost for gas fixtures as for electric fix- -tures - timing is the question9 not use. He further stated there is no deprivation. The uniquemess of the lot was caused by the owner: Mr. Gareau said he would expect to see as evidence (1) size, type and topography of parcel; (2) expert testimony on property rights; (3) argument relating to zoning codeo Chairman Ledvina mentioned the questions before the Board. Question of whether or not it was proper application to hear the case; rulings on each of three items separately; whether to make decision this even- ing or at subsequent meeting for decision on1.y and where does the Board go for legal advice on question of proper application? Mr. Duskey moved to consider this propar application for multi-dwelling use of parcel. Mr. Tubbs seconded and motion passed unanimously, 10s30 p.mm Members of Board of Zoning Appeals taent into recess. lOsltO p.m. Chairman Ledvina called meeting baek to order. Chairman Ledvina read Section 113.3.13 (A) "The practical difficulty or unnecessar.y hardship9 which is inherent in and is peculiar to the premises sought to be used because of physical size, shape, or other characteristics of such premises, or adjoining premises, which dif- ferentiate such premises sought to be used from other premises in the same district, and as to such premises sought to be used, will create a difficulty or hardship caused by a strict application of the pro- visions of the Zoning Code not generally shared by other lands or structures in the same district." Roll Call: Nlr. Duskey, yes; Mr. Tubbs, has briefly discussed matter as resident of Br°ettoi-i Ridge: no; Messrs. Qlson and Ledvina, no. Chairman Ledvina read ueetion 1133.13 (B) "ethe refusal of the variance or modification appealed from will deprilie the owner of premises sought to be used of substantial propert.y rights". Roll Call: Mr. Olson, yes; Messrs e'I?.ibbs, Ledvina and Duskey, no. Chai.rman Ledvina read Section 1133013 (C) "the granting of the variance or modification appealed from will not be contrar.y to the purposes and intents of the provisions of the Zoning Code". Roll Calla Messrs. I,edvina, Duskey and Tubbs, yes, Mr. 01son, no. Chairman Ledvina stated only Section (C) meets condition of the Code. Request rejected. Reeycled Boad - One etep to eave our eaviroament