SPRINGDALE BOARD OF ZONING APPEALS

15 AUGUST 2000

7:00 P.M.

 

  1. CALL MEETING TO ORDER
  2. The meeting was called to order at 7:12 p.m. by Chairman David Okum.

  3. ROLL CALL
  4. Members Present Chairman Okum, Councilman James Squires, Councilman Robert Wilson, Bob Weidlich, Bob Apke, Fred Borden and Jane Huber

    Others Present Richard G. Lohbeck, Inspection Supervisor

     

  5. MINUTES OF REGULAR MEETING OF 18 J ULY 2000
  6. Mr. Apke moved for approval and Mr. Wilson seconded the motion. By voice vote, all voted aye and the Minutes were adopted unanimously.

     

  7. CORRESPONDENCE
    1. Planning Commission Meeting Minutes 11 July 2000
    2. Zoning Bulletin – July 10, 2000
    3. Zoning Bulletin – July 25, 2000

 

  1. REPORTS
    1. Report on Council Activities – Mr. Squires reported that Council did not meet.
    2. Report on Planning Commission

Mr. Okum stated that Northking Properties requested final approval for the Pictoria Tower Corporate Center PUD. This was Pictoria Tower I only and was a fairly lengthy discussion. There were setback issues and they are treating those with trees and architectural features to help that. This is the largest single suburban office building in the entire metropolitan area. There will be beautiful landscaping and a courtyard that you can drive around. At the request of the applicant, we tabled the concept discussion on alterations to Steak n Shake and we approved the revised building elevations to Tri-Centre, Princeton Road.

 

 

VI. STATEMENT CONCERNING THIS HEARING

 

A variance once granted will be referred back to the Board of Zoning appeals, if after the expiration of six months, no construction or action is done in accordance with the terms and conditions of the variance.

CHAIRMAN’S STATEMENT

Ladies and gentlemen, this is a Public Hearing, and all testimony given in cases pending before this board is to be made part of the public record.

BOARD OF ZONING APPEALS

15 AUGUST 2000

PAGE TWO

CHAIRMAN’S STATEMENT – CONTINUED

As such, each citizen testifying before this board is directed to sign in on the clipboard in the rear of the room. When your variance request is announced, you should take your place at the podium, state your name and address, and state the facts as they are pertinent to the subject before this board.

As this is a public hearing, being sworn in prior to giving testimony is required by law.

Therefore, anyone interested or who may be interested in testifying on any matter on the agenda this evening needs to be sworn in.

At this time, please stand up. Raise your right hand and repeat after me.

I (state your name)

Do solemnly swear

To tell the truth, the whole truth and nothing but the truth

So help me God.

Please be seated.

Be advised that anyone who was not standing and sworn in cannot testify unless you request the chair to be sworn in when you come to the podium.

Additionally, all testimony and discussion relative to said variance is recorded. It is from this recording that our Minutes are taken.

  1. OLD BUSINESS
  2. None

  3. NEW BUSINESS
    1. Jessica Chambers, 741 Castro Lane requests variance to allow the elimination of a required garage. Said variance is requested from Section 153.105.

William Lubda, Attorney for Jessica Chambers said I will be speaking on her behalf and the evidence that I have observed and have personal knowledge of.

She is a resident and acquired this residence and did not know that she needed a permit before doing the work. When she bought this residence, it already had been modified. When she bought the house 14 months ago, was not being used as a garage. It had been modified and the only remaining vestiges of the garage was the garage door itself. That was the only work that Ms. Chambers had done.

Upon requiring this property, she noticed a leak in the garage door with an incredible heat loss, so she enhanced the property by buying new doors that are aesthetically consistent with the neighborhood. She is asking for a variance and we feel if you make her take the door out, it would cause more harm to the community. This was done when she was not aware of the need for the permit and we would ask you to grant this variance.

BOARD OF ZONING APPEALS MEETING MINUTES

15 AUGUST 2000

PAGE THREE

VII A JESSICA CHAMBERS 741 CASTRO LE – ELIMINATION OF GARAGE

Mr. Squires said observing your property, there were washing machines; what do you intend to use the garage area for? Ms. Chambers answered I haven’t decided. The lady that lived there previously used it for storage. The washer and dryer are new and are going into my house.

Mr. Lubda added she is having the kitchen remodeled, and is installing new cabinets and those are new appliances that are there until the kitchen reconstruction is completed.

Mr. Lubda added the prior owner had put up a wall in there, and the actual space was less than 4-5 feet. That wall was already there and she insulated it when the door was put in.

Mr. Wilson said I understand that you didn’t apply for a permit to do this work because you didn’t know you needed one. Mr. Wilson said I am reading your request for variance and you are talking about heating and cooling efficiency. You mentioned the water coming in; with that wall there, you still were experiencing heat and cooling loss? Ms. Chambers answered yes; the garage door did not close properly and air would come out of there. On the other side of that wall, the previous owner had converted the garage into a family room, and she left that space as a storage. When you are in that room, you can feel the draft coming in. Also, the field mice have gotten in that door.

Mr. Okum said if t he wall between the storage area and the main area were to be left as it is, wouldn’t it require 5/8" fire wall between that and the residence? Mr. Lohbeck responded the garage does, but not the storage area. It is just like a closet.

Mr. Borden commented I notice there is no window treatment on the patio door; do you plan on doing that; she indicated that she was. Mr. Borden continued I also noticed wood at the top of the door; do you plan on treating it or trimming it up? Ms. Chambers indicated that she would be trimming it up.

Mr. Okum asked the number of cars that she can fit on her driveway, and Mr. Lubke answered she has one car, but she can fit two. Mr. Lubke added Ms. Chambers is the only licensed driver in her residence.

Addressing the board, Mr. Lohbeck reported if you do grant a variance, you should make it conditioned upon obtaining a building permit, not only for all the walls that were constructed but also for the patio doors. Mr. Lubke said we would have no objection to that.

Mr. Okum said Mr. Lohbeck’s recommendation would be to inspect the building alterations that have occurred for structural integrity and safety issues. I certainly think an electrical inspection would be a part of that as well. Considering that, we are faced with a situation that this property has storage shed, and the garage space has become a main storage area.

 

BOARD OF ZONING APPEALS MEETING MINUTES

15 AUGUST 2000

PAGE FOUR

VII A JESSICA CHAMBERS 741 CASTRO LE – ELIMINATION OF GARAGE

Mr. Okum added that the only change we see is a door that is different from the overhead garage door. The only thing that concerns me is if this area were converted to a bedroom, it would mean you would lose some storage space. So, I would ask that this area remain storage space and not utilized as living space., and that the windows have appropriate window treatments. I think the door looks very nice on the house, but I think the space should remain for storage.

Mr. Wilson moved to grant the variance with window treatments and that the area is to be used for storage only and with the understanding that you get the building permit necessary for the building modifications prior to your taking ownership (walls) and the patio door that you just installed.

Mr. Squires seconded the motion, adding that there is precedence to what has been done here. I think it looks nice and that you have enhanced your property.

Voting aye were Mr. Wilson, Mr. Squires, Mr. Borden, Mr. Apke, Mr. Weidlich, Mrs. Huber and Chairman Okum. Variance was granted with seven affirmative votes.

VIII DISCUSSION

Mr. Borden suggested adding the item Chairman’s Statement and members agreed that it should be added.

  1. ADJOURNMENT

Mr. Squires moved to adjourn and Mr. Wilson seconded the motion. By voice vote, all voted aye, and Board of Zoning Appeals adjourned at 7:50 p.m.

Respectfully submitted,

 

 

____________________,2000 _______________________

David Okum, Chairman

 

 

_____________________,2000 _________________________

Jane Huber, Secretary