BOARD OF ZONING APPEALS MEETING MINUTES

15 DECEMBER 1998

7:00 P.M.

 

  1. CALL MEETING TO ORDER

The meeting was called to order at 7:00 p.m. by Chairman Squires.

II. ROLL CALL

Members Present: David Whitaker, Thomas Schecker, Councilman

Robert Wilson, Councilwoman Kathy McNear,

Barbara Ewing and Chairman James Squires

Members Absent: David Okum

Others Present: Richard Lohbeck, Inspections Supervisor

III. ELECTION OF OFFICERS

Mrs. McNear nominated all the present officers because thy all have done such an excellent job. Mr. Schecker seconded the nomination. By voice vote, all present voted aye, and Mr. Squires was elected Chairman, Mr. Okum Vice Chairman and Ms. Ewing Secretary by acclamation.

IV. MINUTES OF REGULAR MEETING OF 17 NOVEMBER 1998

Mr. Wilson moved for adoption and Mrs. McNear seconded the motion. By voice vote all present except Mrs. Ewing who abstained, voted aye and the Minutes were approved with five affirmative votes.

V. CORRESPONDENCE

    1. Planning Commission Meeting Minutes Ė November 10, 1998
    2. Zoning Bulletin Ė November 10, 1998
    3. Zoning Bulletin Ė November 25, 1998

VI. REPORTS

    1. Report on Council Activities Ė Kathy McNear

Mrs. McNear reported for over a year, we have been looking at the Zoning Code and updating it. We completed it about three weeks ago; I had hoped to see something this evening. They were supposed to get us information so we could look over our portion of it. Hopefully by the next meting we will have that to everyone.

Report on Planning Commission Ė no report

  1. STATEMENTS CONCERNING VARIANCES
    1. A variance once granted wail be referred back to the Board of Zoning Appeals if after the expiration of ix months no construction is done in accordance with the terms and conditions of the variance.

If a variance appeal is denied, the applicant may resubmit the appeal ix months after the denial.

Chairmanís Statement

Ladies and gentlemen, this is a Public Hearing, and all testimony given in cases pending before this board are to be made part of the public record. As such, each citizen testifying before this board is directed to sign in, take his place at the podium, and state his name, address and the nature of the variance. Be advised that all testimony and discussion relative to said variance is recorded. It is from this recording that our minutes are taken.

BOARD OF ZONING APPEALS MEETING MINUTES

15 DECEMBER 1998

PAGE TWO

 

VIII. OLD BUSINESS Ė None

IX. NEW BUSINESS

    1. Glenn & Bev Phillips, 11472 Rose Lane request variance to allow them to park one recreational vehicle and one trailer on their property. Said variance is requested from Section 153.044(C)(2) "One recreational vehicle..or one trailer may be stored in an unenclosed area of the front, rear or side yardÖ"

Mr. Phillips stated we wish to keep one trailer and one r.v. on our property.

Mr. Schecker wondered what the function of the trailer was, and Mr. Phillips answered I race cars on the weekend. I travel the national circuit, and the car goes in the trailer which goes behind the motor home.

Mr. Wilson commented your note indicated that you kept the trailer and the r.v. there from April through November and this is December 15th. When are you planning to move both or either of them? I am reading from the report that "The applicant states that the rv and trailer are both there during the months of April through November."

Mr. Phillips said I said anywhere from late March to early April is when the racing season begins and every weekend from then to mid November we are out of town.

Mr. Wilson said so you want to keep both vehicles there year round? Mr. Phillips answered yes. Mr. Wilson wondered if there were an economic reason or personal preference? Mr. Phillips responded I wouldnít have to pay storage, and I do have tools in the trailer. The motor home being brand new, I would hate to let it out of my eyesight and set on a s storage lot.

Mr. Wilson commented you were not aware of the ordinance prior to purchasing the trailer or r.v. Mr. Phlilips confirmed that he was not.. I have some pictures to show you (passed them around the dais).

Mr. Wilson said we have two issues here. We have a mobile home almost the size of a standard bus and a trailer. You have it behind your house almost 50% obscured unless you go to the back toward the park. If we were to allow both of them year round, we would be setting a precedent. I want you to understand our dilemma Ė how much can we stretch this ordinance and still be in compliance, or should we? Your situation is unique in that you have space in the back.

Mr. Phillips commented before we bought that motor home, I had a truck I pulled it with. The trailer has set in the same spot for 10 years. The motor home now blocks the view of the trailer.

Addressing Mr. Lohbeck, Mr. Whitaker asked if there were a set guideline for parking on two individual improved surfaces and Mr. Lohbeck answered you can only have one recreational vehicle or one trailer in the rear of the house.

Mr. Whitaker asked the setback from the curb to the motor home, and Mr. Phillips answered at least 70 to 80 feet, maybe more. Mr. Whitaker wondered the setback from the curb to the rear property, and Mr. Phillips answered probably 150 feet.

BOARD OF ZONING APPEALS MEETING MINUTES

15 DECEMBER 1998

PAGE THREE

  1. PARK RV AND TRAILER ON PROPERTY Ė 11472 ROSE LANE
  2. Mr. Schecker commented if the trailer were not there, would the motor home be okay? Mr. Lohbeck answered that it would.

    Mrs. McNear said usually I do not like to set any precedent but in this situation I think this is where the true definition of a variance comes in, because it is something that sets aside from the norm. This property backs up onto a park. It is a huge deep lot; you canít see the vehicle from the front of the building or the side, just from the park. My only solution is perhaps a few evergreens to block the view, but other than that, I do not think this I offensive at all because you only see the tail end of the vehicle, so I would be in favor of allowing a variance for this.

    Mr. Wilson asked the length of the motor home, and Mr. Phillips answered 31 Ĺ feet. Mr. Wilson the code said the RV. Should not exceed 30 feet in length or 11 feet in height. Mr. Phillips said I didnít know that at the time, and we got a very good deal on the motor home.

    Mr. Schecker commented I am surprised to hear you say 31 feet. I thought it was more like 35 or 37 feet. I have a 30 foot vehicle and yours looks a lot bigger. Mr. Phillips responded it says 31 Ĺ feet on the papers.

    Mr. Schecker said apart from that issue, I would agree with Ms. McNear in that the motor home shelters the trailer and considering your location, I wouldnít consider this a problem. However if the length is significantly different than what the code allows, that would give me a problem and we may have a different issue here.

    Mr. Squires wondered if he had investigated the cost of storing either the trailer or the motor home. Mr. Phillips answered I have not checked into that. I was going to wait for the outcome of this variance to see what I had to do. Mr. Squires wondered which he would store if you had to. Mr. Phillips answered that is tough; being anew motor home I would hate leaving it somewhere and there are tools and spare parts in my trailer.

    Mr. Wilson wondered if he had room in the garage for the tool and spare parts and Mr. Phillips answered if I had to, I could find space for it. The only inconvenience would be the tools; the tool boxes are bolted together and bolted to the walls of the trailer so they donít tip over during traveling. I would have to dismantle them totally to get them back in the garage for the short time we donít race.

    Mr. Squires commented you have an exceptionally large lot, and you have had the trailer there 10 years. Have you considered building a facility on your lot to store this trailer? Mr. Phillips answered I thought about it a couple of times, but if I but it would be at the end of the driveway where the concrete ends and that would obstruct the view of the park even more.

    Mr. Squires wondered if he would consider taking the time to investigate the cost of storing one of the vehicles and come back to the board with that information, and Mr. Phillips answered Iíll take some time to check into it.

    Mr. Schecker commented if Mr. Phillips is gong to do that, I would really like to get an accurate measurement of the motor home.

     

    BOARD OF ZONING APPEALS MEETING MINUTES

    15 DECEMBER 1998

    PAGE FOUR

  3. PARK RV AND TRAILER ON PROPERTY Ė 11472 ROSE LANE
  4. Mr. Wilson said based on the information I would ask that this be tabled until Mr. Phillips can determine other options he might have. Mr. Phillips wondered if he would have to store one vehicle year round. Mr. Wilson answered you are allowed a 30 foot vehicle, and we are not sure of the size of yours. If we went strictly by the code, you might have to store the motor home because it is morel than 30 feet.

    Mr. Squires said nobody on the panel wants to produce undue hardship on any citizen. Your lot is unique, as is your situation. You might enhance your case if you researched the cost of storing one of the vehicles. Some of the members consider precedence, and we want to be fair, but your lot is very large and we consider these on a case by case basis. Do you wish to table?

    Mr. Phillips answered I would like to mention that during the week when we are home I check the car to make sure it is safe for me to go. The problem would be storing the RV for two or three days and then going back to get it and put it all back together again. Keeping it home I can get it unhooked and park them beside each other.

    Mrs. McNear said I donít think this has anything to do with the cost. Personally I donít understand why we want to ask him to look this up and come into us next month. This is a very unique situation. I understand precedence; I have been preaching that for eight years, but this is the true sense of variance. This is something that doesnít fit the norm, doesnít fit the standard. You canít see it, and quite frankly would much rather see this than to see an RV in the front yard, side yard or a boat on the side or front of the house. I donít understand why we are putting this man through this. I would not be in favor of tabling. I think we should vote. It is up to the resident to decide what he wants to do, but I donít understand the problem.

    Mr. Schecker said I share your sentiments, but my question would be is the length of the vehicle a part of this issue?

    Mrs. McNear answered it most certainly should be. It is something that has come to light in this meeting and should be addressed. Mr. Schecker said do we care if it is 31 feet or 33 feet or 35 feet? Mrs. McNear responded we have to take that into consideration, but I see these huge RVs in the neighborhoods where the houses are very close together. On this, I had to drive past twice to find it.

    Mr. Wilson said my feeling is if we are going to set a precedent, I would like to have all the facts and justifications so we can say why we are setting the precedent.

    Mr. Schecker said in the facility I use to store my vehicle, the cost is about $1 per foot per month, but that is not enclosed space. I feel most sympathetic towards Mr. Phillips in that he does use the vehicle every weekend; I admire your ambition and I would be inclined to grant a variance.

    Mrs. McNear said if we say we allow this because it costs too much otherwise, we are setting a precedent. I donít think you can say it has to be a financial condition. How much is too much? How do we decide for him what is allowable? We have to look at this piece of property and vote the way it looks.

    BOARD OF ZONING APPEALS MEETING MINUTES

    15 DECEMBER 1998

    PAGE FIVE

  5. PARK RV AND TRAILER ON PROPERTY Ė 11472 ROSE LANE
  6. Mr. Wilson said no one enjoys debate more than I do. We are looking at gathering enough information. Once we get all the facts we can vote on it. Mr. Phillips can call for the vote, and it looks like he has two of the six members in his corner. The others have not spoken, and I am flipping a coin myself. I donít know if you want to take a chance on it being denied and having to wait six months. Itís a gamble and itís your call.

    Mr. Phillips added the reason we purchased the motor home was economic because we were spending money in motels and restaurants. The motor home was a much better way to go. IL would like to ask you to vote on it tonight.

    Mr. Whitaker said I personally do not have a problem with your situation, only because your lot is close to 100 feet wide and it looks like it is pretty close to 200 feet deep. You donít see the trailer when you drive by Rose Lane. If you have to drive through the park to see the trailer, I donít have a problem with it. I donít feel that the trailer distracts from the park atmosphere, and I donít feel it bothers any of the neighbors. If you were on a 50í wide lot that was only 100í deep, I would very seriously have a problem, but I think you have a special circumstance. I donít have a problem with this situation, and I donít have a problem with the motor home being 1 Ĺ feet longer than allowed only because of the lot size and the vast rear yard area.

    M. Phillips added not only do I have to work on the car, but my wife takes care of the motor home during the week, inventories the food and replenishes supplies. She is my crew chief and best friend; without her, Iím sort of lost.

    Mr. Whitaker said I wanted to state the way I feel for your purpose and the boardís purpose but I am open to any of the other memberís input.

    Mrs. McNear moved to grant the variance to allow parking on the property at 11472 Rose Lane of a trailer and 31Ĺ foot RV which exceeds the limit by 1 Ĺ feet. Mr. Whitaker seconded the motion.

    Mr. Squires asked if anyone in the audience would like to speak to the issue, and no one came forward.

    Voting aye were Mrs. McNear, Mr. Whitaker, Mr. Schecker, Mrs. Ewing and Mr. Squires. Mr. Wilson voted no, and the variance was granted with five affirmative votes.

    IX. DISCUSSION

    Mr. Wilson commented concerning the statement about variances on our agenda, could we think about changing six months to 180 days for clarity? That would give them a specific date to look at. Mrs. McNear commented I am not sure that is what is in the ordinance or if it is one of the rules of the BZA. Do you know Mr. Lohbeck? Mr. Lohbeck responded I am not really sure, but I always thought that it was in the ordinances. Mrs. McNear asked him to check that for the next meeting and if it doesnít matter, maybe 180 days is something we should consider. Also I think about 30 days before the variance expires, we send out letters informing people that this will be expiring and it also comes before the board if the applicants want additional time.

     

    BOARD OF ZONING APPEALS MEETING MINUTES

    15 DECEMBER 1998

    PAGE SIX

  7. PARK RV AND TRAILER ON PROPERTY Ė 11472 ROSE LANE

Addressing Ms. McNear and Mr. Wilson, Mr. Squires thanked them for their objective deliberations. I appreciate the comments from both of you.

Addressing the board members, Mr. Squires said it has been a good year; we have had some interesting situations come before us. I am very proud of the way we handled all of them. This is a good panel, and I am very pleased to be pat of it. Itís been a pleasure for me to serve as your chairman and I am grateful for the privilege you have given me of serving one more turn, and I will do my very best for you and the City of Springdale.

Mr. Squires said we have two young people in the audience, Miss Ewing (Barbara Ewingís daughter) is here for a government project at Princeton High School, and Josh Whitaker, (son of David Whitaker) Grade 6 of Springdale Elementary.

Mrs. McNear said I would like to thank the young people in the audience. We need to see more people at our meetings, both board and council. We are looking for future leaders of our city, and I might add that four of the seven members on Council that are graduates of Princeton High School.

 

  1. ADJOURNMENT

Mrs. McNear moved to adjourn and Mr. Wilson seconded the motion. By voice vote, all present voted aye, and the Board of Zoning Appeals adjourned at 8:00 p.m.

 

Respectfully submitted,

 

 

___________________1999 ___________________________

James Squires, Chairman

 

 

___________________1999 ____________________________

Barbara Ewing, Secretary