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HomeMy WebLinkAbout1995-10-23-Board of Adjustment MinutesMr.Perry stated that she did not want to be a part ofthe illegal building and that certain people might not be here in the future that will have the same opinion and that certain things might get lost.She does not want a illegal building and to be a part of an illegal act. S'. MINUTES OF THE OCTOBER 23,199~BOARD OF ADmSTMENTS MEETING Marcia Knaack PRESENT McAtee,White,McCoige McAtee asked if the notice of appeal they received today from Berg was related to this appeal.It was stated it was not. Chairman McAtee stated that they just received a great deal of information last night and he had just had time to skim through it.Ms.Knaack that she had the information outlined in the twelve folders. McAtee stated that in order to hear the appeal she had to be aggrieved and asked how she was aggrieved. Ms.Knaack stated that the City had originally sent letters that she had two in violations of the Zoning Ordinance,and in subsequent letters she was not.It was her opinion that the letter of m which the City stated she was not in violation caused her to be aggrieved. Ms.Knaack stated that she felt she was aggrieved because she did not want to be held responsible down the road for the violation.She stated that the letter applied only to the garage starting with folder 5 number 5-12.She stated her garage was in violation because I)the garage is closer than two feet from the lot line,2)was over thirty percent over the rear yard,3)it sits over an electrical easement,4)and the most significant that R-6 does not allow garages. McAtee asked if that is everything as far as the garage is concerned.Ms.Knaack said it was. Ms.Knaack stated she felt that the driveway and the deck should all be taken out. The Board also discussed the footings on Ms.Knaack's garage and when and ifit was McAtee asked that other that asking her to be found to be in violation,if there was anything else she wanted the Board to do. Ms.Knaack stated that she wanted the violations to be removed and that she be refunded all her money. Board member White asked it was for interpretation only or for action.Mr.Perry stated that it was an appeal on the decision of the Zoning Administrator and KNAACK HEARING OCTOBER 1995 Mr.Perry stated that she was aggrieved by a lot of things:1)her deck does not have tie downs;2) she has problems with the garage itself;3)and she has a serious electrical problem,But it had been corrected. Ms.Knaack stated that she had outlined and higWighted all of the information.Kurt Rueckel stated that they had not had the time to higWight all of the information. Mike Deshade of Lot on the side of the garage stated that if he was to put accessory step out and her structure was on fire,if he exited out,he would be walking out into the fire,and he could not extend it elsewhere because of the air conditioner. The Board discussed when the structures were inspected,and that it appeared that not all the inspections were made. White asked ifRueckel had obtained if the original permit.He said he did not,but he had the inspector's notes.The Board discussed when the inspections were made and the notes regarding the electrical work and the need for a handrail.The final inspection was made 6/13. Ms.White asked if she could request a variance if she was not a land owner.Mr.Rueckel stated that Motion from McAtee to reconvene in two or three weeks to read all the information.Mr.Perry stated that she had her appeal for quite some time.Mr.Perry stated that one of the reasons for the delay was because of the property line dispute between Windfield II and the Mobile Home Part.He stated that all these things were done to make the garage in compliance and that they will prove them wrong.He said that to stall is too much,he said that they will wait the three weeks,but if they are ruled against they will get an attorney.Mr.Perry asked that what is ever on the books be enforced. Ms.White asked if she could remove the garage if you leave.Mr.Perry stated that you could. Mr.Perry stated it was their opinion that a eleven foot separation applied to all structures including accessory structures. The Board addressed the issue of a fire wall and that a fire wall would not apply if there were windows. ] )I