10-28-1993 Public Hearing and Regular Meeting ZBOA (2)

Browse Search

Page 2 of 6 Zoning Board of Adjustment Minutes of October 28, 1993 Mark Lewis reported to the Board that the City had received a complaint regarding the parking of trucks in a residential area. During investigation of the complaint, the City Inspector found two (2) Gruman truck tractors and a Groman trailer on the property. One of the trucks was operable, the other inoperable. The Inspector determined that trucks owned by the applicant, Mr. Randolph N. Morvant, Jr., are considered truck tractors and commercial vehicles per the terms of Zoning Ordinance 1501. Based on the Inspector's determination, this type of vehicle cannot be parked or stored in a residential zone. The Inspector informed the owner that the trucks could not be parked on that particular property (2410 Crescent Drive). Mr. Morvant removed the trailer and the inoperative truck tractor from the property. The applicant has registered the operable vehicle as a pickup truck and based on this registration, contends that this type of vehicle is indeed a pickup truck, not a truck tractor. He disagrees with the Inspector's determination and wishes to continue parking this type of vehicle at his home. Mr. Lewis summarized the events that resulted in the appeal being filed. Mr. Lewis stated there were 18 public notices mailed to adjacent property owners. Five (5) replies were received; one (1) from Mr. Morvant in favor of the appeal, four (4) were in opposition. Mr. Lewis stated the Inspector's determination regarding this matter was based on several points. He noted that under the definitions Section 3-100 of the Zoning Ordinance, a truck tractor is defined as "every motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn". In addition, the definition of a commercial motor vehicle is defined as "any motor vehicle designed or used for the transportation of persons or property for hire, with a rated carrying capacity in excess of one ton, including every vehicle used for delivery purposes". As defined by the Zoning Ordinance, the trucks in question are clearly truck tractors. Mr. Lewis noted that the trailer was not referenced in Mr. Morvant's appeal and that he is not appealing the fact that the trailer is an inappropriate type of vehicle to be placed on the property. Per the DPS, the "Gross Vehicle Weight Rating" (GVWR) for the trucks is 8,000 to 9,000 pounds. Since this rated carrying capacity is in excess of one ton, the trucks are clearly defined as commercial motor vehicles.