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BOARD OF ZONING APPEALS
Minutes
OAK RIDGE BOARD OF ZONING APPEALS
MINUTES
DATE:February 12, 2008
PLACE:Municipal Building Court Room
PRESIDING:Judy Mason
PRESENT:Craig Aurin, Keith Craft, Susan Donnelly, Judith Mason, Monica Austin – Staff Representative
ALSO
PRESENT:See attached sign-in sheet
ABSENT:David Gengozian
Ms. Donnelly made a motion that the minutes of the meeting held January 8, 2008 be approved as submitted. Mr. Craft seconded the motion. Motion carried.
The following cases were reviewed:
Case No. 08-03
Jack Justice (Signs of Integrity), 480 S. Illinois Avenue, Lot 58, Block 22-CB, in a UB-2 District is requesting a variance to allow one additional ground sign and to exceed the maximum height allowed
Ms. Donnelly made a motion that the requested variance be denied under sections 16.10(c), 14.12 1 (b), and 14.19(2). Mr. Craft seconded the motion. Motion carried unanimously to deny the variance to allow one additional ground sign and to exceed the maximum height allowed due to the following: 1. No hardship unique to this particular property that wouldn’t apply to all others in the area/district; 2. The sign requested exceeds the maximum number of signs allowed and exceeds the maximum height allowed; and 3. If approved, it would create a precedence for all other car dealerships.
Case No. 08-04
Kelly Beierschmitt, 123 Westview Lane , Lot 3, Block 12-BF, in a R-1-A PUD District is requesting a variance to allow an accessory structure to encroach upon the minimum side setback
Ms. Donnelly made a motion that the requested variance be denied under sections 16.10(c) and 5.02. Mr. Craft seconded the motion. Motion carried unanimously to deny the variance to allow an accessory structure to encroach upon the minimum side setback because the Board fails to fin an adequate hardship that would require the accessory building to be within the setback requirement.
Continuation of
Case No. 08-02 – Postponed until March 11, 2008 meeting at applicant’s request
Robert L. Pryor, 115 Capital Circle, Lot 66, Block 22-CJ, in a R-1-C District is requesting a variance to reduce the rear setback requirements for an addition
Continuation of
Case No. 07-22 – Withdrawn
Structure Technology, Inc., Briarcliff Avenue, Lot 4, Block 19-CG, in a B-2 District is requesting a special exception to allow for the use of a self-storage facility
Continuation of
Case No. 07-12
City of Oak Ridge, regarding 115 Lancaster Road, seeking an Administrative Review of original BZA approval.
Mr. Buuck and Sam Healey, with HOPE Inc., addressed the Board. They reminded the Board about their letter that was presented to the Board as part of their agreement to bring them into compliance. Mr. Buuck also mentioned the packet he had provided, and which was distributed to the Board at the meeting. He pointed out the Federal Hair Housing Act which will not allow discrimination against those “in recovery.”
The following citizens addressed the Board:
- Sid Booth130 S. Lansing Road
- Jody Nazaroff130 Lancaster Road
- Marlon Jarnigan113 Lancaster Road
- T W AllenLatimer Road
- Joy Henderson103 Paris Lane
- Leonard Abbatiello110 Dover Lane
- Ray Sisson110 Norton Road
- Teresa Scott102 Victoria Road
- Dorothy Sisson110 Norton Road
- Carl Starnes122 Lancaster Road
After discussion, Ms. Donnelly made a motion to:
- accept the corrected, signed letter from HOPE of February 12, 2008
- find that HOPE is in compliance with the special exception as originally approved, by discontinuing the practice of accepting parolees (T-Crest program) and transitional housing vs group care facility issue
- find that no other parameters per the 1976 BZA minutes are out of compliance now
- find that 115 Lancaster Road meets the definition of group care as in the Zoning Ordinance
- require that HOPE will continue to comply with the 15-person limit
- assent that the criteria that HOPE be subject to review as originally stated via City Council 1976 BZA has been met
- append original minutes as part of this motion
Mr. Craft seconded the motion. Motion carried with all in favor, finding that HOPE, Inc. is in compliance at this time with the original 1976 approval.
OLD BUSINESS
Mr. Craft made a motion to amend the May 8, 2007 minutes to append the transcript of Case No. 07-12,
City of Oak Ridge, regarding 115 Lancaster Road, seeking an Administrative Review of original BZA approval. Mr. Aurin seconded the motion. Motion carried, with Mr. Craft, Mr. Aurin, and Ms. Donnelly in favor, and Ms. Mason abstaining as she was not present at the May 8, 2007 meeting.
On a motion by Ms. Donnelly, seconded by Mr. Craft, the meeting was adjourned at 8:10 p.m.
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Susan Donnelly
Secretary
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