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Home » Departments » About Us » Planning and Zoning Minutes » Board of Adjustments October 10, 2007
Board of Adjustments October 10, 2007
MINUTES OF MILFORD CITY
BOARD OF ADJUSTMENTS MEETING
26 SOUTH 100 WEST, MILFORD, UTAH
WEDNESDAY, OCTOBER 10, 2007 6:00 PM
The Milford City Board of Adjustments meeting was called to order by Chairman Bridge at 6:09 p.m.
Present: Chairman Lola Bridge; Members Gary Mayer and Jennifer Cox; Zoning Administrator, Makayla Bealer.
Absent: Members Carla Fowles, Robert Thieme, and Mark Whitney.
Visitors: Rick and Kathy Rose- Petition for a variance.
Chairman Bridge informed the members that Carla Fowles and Robert Thieme has resigned from Board of Adjustments.
CONSENT ISSUES
Review and approval of the regular meeting minutes of May 26, 2005.
Chairman Bridge informed Makayla Bealer that the minutes were approved on August 16, 2007.
Petition for a variance by Rick Rose to relax a zoning regulated side set by approximately two (2) feet for construction of a carport on the south side of the property at 33 North 500 West.
Chairman Bridge stated that the Board of Adjustments is authorized to grant a variance only if these apply:
• Literal enforcement of the zoning ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the zoning ordinance; and
• There are special circumstances attached to the property that do not generally apply to other properties in the same district; and
• Granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same district; and
• The variance will not substantially affect the general plan and will not be contrary to the public interest; and
• The spirit of the zoning ordinance is observed and substantial justice done.
Chairman Bridge educated the members with a summary of the situation. Rick Rose the homeowner applied for a building permit in April of 2006. The application was submitted to Craig Davis; however, no plot plan was received. Former Zoning Administrator Arden Fowles contacted Mr. Rose notifying him that a plot plan needed to be received before the building permit would be issued. Mr. Rose went ahead with building his carport/garage without getting a building permit. Craig Davis red tagged the carport, and then Mr. Rose submitted a plot plan, that shows that the carport is only 3 feet from the property line, which requires a variance to be issued. The Board of Adjustments held a variance hearing and Mr. Rose did not attend. Nick Swain the neighbor to the South of the carport; visited the Milford City office on Monday, September 24, 2007 requesting that this issue be resolved. Mr. Swain’s main concern is that if he needs to get a variance in the future that a variance would not be issued, due to the carport. City Manager, Nedra Kennedy explained to Mr. Swain that he would have to apply for a variance and the Board of Adjustments would review it and then make a decision.
Makayla Bealer stated after researching for ways to solve this issue, she turned the matter over to Milford City Attorney, Leo Kanell for legal advice. Following Mr. Kanell’s advice, we need to proceed with issuing a variance for Mr. Rose’s Carport. Chairman Bridge stated following Mr. Kanell’s advice a variance will be granted, but under no circumstance can that carport ever be enclosed due to fire safety.
MOTION: Member Mayer made a motion to grant the variance following City Attorney, Leo Kanell’s advice, Member Cox seconded the motion, and all were in favor. The motion passed unanimously.
COMMISION REPORTS AND COMMENTS
Jennifer Cox made a recommendation that an additional fine be charged to applicants whom don’t follow through on the proper procedure on obtaining variances. Ms. Bealer will follow up on this and update the board at the next meeting.
Makayla Bealer informed the Board of Adjustment that meetings will be held as needed on the 2nd Wednesday of the month at 6:00pm.
ADJOURNMENT
As there was no further business, Chairman Bridge adjourned the meeting at 6:40p.m.
CITY OF MILFORD
Date Approved:
May 22, 2008
As Recorded and Presented By:
Makayla L. Bealer
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