05/04/1966 Minutes - Laserfiche WebLink

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Minutss, Board of 2,oning Appeals Page 6 11. Appellant; IL'Ir. TnTilliam B. Pate., 29568 Stei-rart Dx°ive' North 07,m,sted ? Repuest for variance to build a home at 6257 Brighton Dr0 with 159 side 7.',ne. I,ot a.s corner Brighton and 'CambridgE Dx°a,veso Request zs .for 101 side line variance. Request is in violation oP Section 1159.02s, which requires m.inir?um setback an the stxreet upon which the side of the house faces Sha,3.l be 251. Mr. Pate stated an,y o.£ their modeZ liomes placed on tYzis corner 1ot would med variance to buil.do Lot is 751 wide,, with 152' on north side and 165e on south. PIre Nelson moved to grant the variancea Second by Mr. Scheeff. Motion passedo I4r. Gundy appeared before the Board askir,.g for a clarafication in computing rear yard depths. The specific case being questioned was S/L 22$ on Bently Drijre2 oVaned by Hennie Homeso M.re Ray Pvzzitiello was present. Mro Francis o9Nei.71 was present and stated this case was brought to his attention by a neighbor whose property abuts S/L 22. Foundation was being laid with 39o rear yardo Nlr. Puzzitiello explained his computation' basing has metHod ofi ealculation given in Board of Zoning Appeals Niinutes' October 13' 1965o Lot is on cul-de-scac,, Vaith 76.21 rear 1ine, and sides of 126695 and 145. Mr. 01 NeiJl asked Mra PuZ2itie1lo Vahat ha.s building applica.tion indicated wi-th refererice to backyard measurement on S/L 22o Mr. Puzzitiello said tYza-t the application specified 50,611, but t,kla.t his decision to constx'uct was based on the Boardts ru7,ing in the minutes of October 139 1965' re].ative to S/L 8 ArlingtonQ Mro OBNeL.7.said that he falsaefa.ed his buildi.ng pexmit application for S/L 224 Ke then asked the Board if their decision rendered on S/L 8 Arlington on October 13, 19659 had established a precEdentO Mre Byers and Mro Greene assu.red Ix'. O'Nei3lthat the Board's decisi.on on tha-t date did not set a presedent nor would it have any bear:i..ng on this case. In clarifyin.g Section 1165a02., Compu.tation of Rear Yard Depths' Ordinance #62-33., it has been decided by the Board that the minutes of October 13' 1965., Case #r`32s shoula be clarified. In determining rear property clearances they should be determined by extendirg the back foundation lines to intersect the two side property 1.irzes and then computing the mean distance by takino the surrmation of the two side property ].anes remaining and dividing by two; if the side 1ines are not perpendicular to the extended rear foundation l.ines., a line perpendicular to the extended foundation lines at each poant of intersection with the property lines to the rear property line and ca]:culated as aboveo A letter dated Apr3.l 7' 1966, from 'Counci,19 was read. ICt; follaws: "Kt the meetiizg on I.pril 5, Council voted not t.o change section 1231802 (B) of the Zoning Code, as suggested in youx letter of March 3. Tt is their feel.ing' suppoz ted by an opina.on from the Law Directora.. that wh3.7.e extensions or additions to non-confoxming Dwelli.ngs wou],d be amprov;.ng the propexty9 changing the lair to pex'm3,t alterations to non-corLOrcning build;.n.gs, of which ? there are many in the city, would open the floodga-tes to app].ications for vaz°iances to non-conforming outbuildingsa Tha.s is precisel„y the thing thdt the Zon:ing Code was wmitten to prevent,t1 Njeeting adjourned at 12 a45 a.m.