08-04-1994 Public Hearing and Regular Meeting ZBOA

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Page 2 of 3 Zoning Board of Adjustment Minutes of August 4, 1994 Mr. Harrington addressed a few items he felt needed some clarification, however, he reminded the Board that these items were unrelated to the actual special exception request. . Surveys and site plans label the street adjacent to the rear property line as "Oak" Street. The commonly used street name is "Crescent Drive" and is referred to as such during staff's report. A previous property owner fenced a 5 foot strip of the Oakhurst right-of-way. In 1984, the matter of the fence was brought before City Council. Council chose not to require removal of the fence, but did not cede any rights to that portion of the right-of-way. The fence has been an item of controversy within the neighborhood. Mr. Harrington concluded by saying it was staff's opinion that granting this exception would not adversely affect the value or use of neighboring properties and that granting this exception would not be contrary to the best public interest. Staff recommended granting Special Exception #SE94-001. Mr. Harrington stated sixteen (16) public notices were mailed to surrounding property owners. Five (5) responses were received in favor of the special exception; one (1) in favor with the condition the fence be removed; six (6) opposed; and one (1) returned undeliverable. A. PROPONENTS Chairman Bernay swore in Owen Kratz. Mr. Kratz told the Board he planned to rebuild the home comparable to the size and location as the old one, so the view and the character of the neighborhood should not be altered. Mr. Kratz added the fence in question is not located on his property so he does not feel it should be an issue relevant to the Board's decision. Chairman Bernay assured him the issue of the fence would not be a consideration in the Board's rendering of a decision.