05-23-1996 Regular Meeting - Laserfiche WebLink

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Page 7 of 8 . ~ . Zoning Boazd of Adjustment. Minutes of May 23, 1996 • Chairman Bernay swore in Van Callahan, who resides at 210 Fairfield. Ms. Callahan raised two children along the waterfront. She feels that raising children along the waterfront is a controllable risk. She described the safeguards she implemented to help reduce the risk of accident. Chairman Bernay allowed Mr. Cardenas several moments for rebuttal. Mr. Cardenas noted that so far as he is aware, this is the first time this issue has come up. He did not want the implication to be that others have requested permission for a fence and been denied. He does not agree with everyone's concern that his fence is going to block their view of the bay. It is his belief that a side yard fence all the way to the front lot line would be more intrusive. During discussions between staff and the Board, Mr. Armstrong recounted that there is nothing within the Zoning Ordinance that says that a front yard fence is permitted horizontally across any front yard line. A motion was made by Bob Capen to uphold the Enforcement Officer's Decision to deny the building permit. The motion was seconded by John Willis. The motion passed with all members except Sidney Grant voting in favor of the motion. V. CONSIDER APPEAL OF THE ENFORCEMENT OFFICER'S DECISION #A96- 004 TO DENY A BUII.DING PERMIT FOR CONSTRUCTION OF A FENCED, PAVED PARIONG LOT LOCATED IN A RESIDENTIAL (R-1) ZONE. SAID LOT TO BE LOCATED IN THE 9300 BLOCK OF MONTGOMERY LANE. Mr. Rankin began staff's presentation for Appeal of the Enforcement Officer's Decision #A96-004 by showing a video of the property in question. Mr. Rankin noted that the applicant, Paul Covington, is appealing the decision of the Enforcing Officer to deny a building permit for construction of a fenced pazking lot for the parking of cars in a Low Density (R-1) Zone. The property is located in the 9300 Block of Montgomery Lane. Mr. Rankin noted that the property in question is currently a vacant lot in a residential zone. The applicant's adjacent property is located in a General Commercial (GC) zone. He seeks to extend his property's GC zoning along Spencer Highway south into a residential area. Nineteen (19) Public Notices were mailed to surrounding property owners. Two (2) replies were returned in favor of the Appeal and none were returned opposed to the Appeal. Three (3) notices against the Appeal and two (2) in favor of the Appeal were received from local residents who were not on the Public Notice mailout list due to their distance from the location in question. Staff recommended denial of the Appeal. A. PROPONENTS Chairman Bernay swore in Paul Covington. Mr. Covington told the Board that the video they viewed was taken after he hauled 4 trailer