04-18-1996 Public Hearing and Regular Meeting

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NmvirrFs Z~G BOARD OF ADJUS APRII,.18, 1996 Members Present: Vice Chairman Sidney Grant, Board Members Willie Walker, Bob Capen, Ruben Salinas, Jim Zoller, John Willis Members Absent: Chairman Deborah Bernay City Staff Present: Director of Planning Guy Rankin, Assistant City Manager John . ~ Jcerns, Assistant City Attorney John Armstrong, Planning Secretary Peggy Lee I. CALL TO ORDER Meeting was called to order by Vice Chairman Grant at 7:02 PM. II. CONSIDER NIINUTES OF THE MARCH 28, 1996, MEETING. With no objections from the Board, Vice Chairman Grant declared the minutes approved as presented. III. CONSIDER APPEAL OF THE ENFORCEMENT OFFICER'S DECISION #A96- 002, WffiCH HAS BEEN REQUESTED FOR THE PROPERTY LOCATED AT 501 WEST FAIRMONT PARKWAY. APPLICANT IS APPEALING THE DENIAL OF A BUII.DING PERMIT FOR CONSTRUCTION OF A NEW GAS STATION/CONVENIENCE STORE THAT WOULD NOT COMPLY WITH DRIVEWAY DESIGN CRITERIA. Mr. Rankin presented staff's report for Appeal of the Enforcement Officer's Decision #A96-002. Mr. Rankin noted that the appeal was requested by Rudy Hikary, the owner of the property located at 501 West Fairmont Parkway. Mr. Hikary was denied a building permit for construction of a new gas station/convenience store, due to his failure to comply with the driveway design criteria of Zoning Ordinance, Section 10.605. The applicant requested one (1) thirty foot (30') drive on South 4th Street and two (2) twenty five foot (25') drives with a twenty foot (20') separation on Fairmont Parkway. Staff s review of the request found the following: • There is no reasonable difference of opinion regarding the intent.of the Zoning Ordinance. The Enforcement Officer acted properly in denying the permit. • Both the intent and specific regulations of the Zoning Ordinance are reasonable and should be upheld. • Granting this appeal would convey a special privilege to this property.