Flushing Zoning Board of Appeals
Minutes
A Regular Meeting of the Flushing Zoning Board of Appeals was called to order on Monday, June 18, 2007 at 7:30 p.m. by Chairperson Patrick O'Callaghan, followed by the Pledge of Allegiance to the Flag.
Present: Edward Borkowski
John H. Daly
Kevin J. Keane
David R. Martus
Patrick O’Callaghan
Absent: None
Others Present: Nancy G. Parks, City Clerk/Treasurer
Approval of Minutes - Motion by Keane, seconded by Borkowski, to approve the May 21, 2007 minutes of the Zoning Board of Appeals as written.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Agenda Approval - Motion by Daly, seconded by Martus, to approve the June 18, 2007 agenda.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
MEETING
OPEN TO THE PUBLIC:
Elva Cook, 1459 Flushing Road, addressed the Zoning Board of Appeals.
PUBLIC
HEARINGS:
Variance - 308 Primrose Lane – Mr. and Mrs. Dan Kelly, 308 Primrose Lane, requested a “use variance” in order to construct an addition on the back of their garage, as a mother-in-law apartment.
Each case before the Zoning Board of Appeals is considered as an individual case. Each shall conform to the detailed application and to the following standards in a manner appropriate to the particular circumstances of such case.
Flushing Zoning Board of Appeals
Minutes
Page Two
Use Variances
In order to approve a variance in the permitted use of land, the applicant must demonstrate unnecessary hardship. To demonstrate unnecessary hardship, the Zoning Board of Appeals must find, by 2/3 of the members of the Zoning Board of Appeals, all of the following standards to have been met:
(1) The property cannot be put to a reasonable use as currently zoned.
(2) The problem is due to unique circumstances peculiar to the property and not to general neighborhood conditions and enforcement of the ordinance will create an unnecessary hardship.
(3) The proposed use will not alter the essential character of the area.
(4) The problem is not self-created.
(5) The spirit of the ordinance will be observed, public safety secured and substantial justice done if the variance is approved.
The applicant provided a response to the review criteria above.
The Chairperson opened the public hearing to the audience.
Kelli Kelly, 308 Primrose Lane – requested that the Zoning Board of Appeals approve her request for an addition on the back of the garage at 308 Primrose Lane for a mother-in-law apartment. She commented that there was currently an assisted living facility on Primrose and Windy Bluff.
Elva Cook, 1459 Flushing Road – commented that applicant needs a rezoning to an R-2 designation, and that the lot had only a sixty-five (65’) foot frontage.
The Chairperson closed this portion of the public hearing.
Keane stated that Section 153.310 of the Flushing City Zoning Ordinance expressly prohibits apartments in zoning district R-1, and Section 153.401 only allows 30% lot coverage. He did not see a plat plan, but was concerned that the structure would exceed the 30% lot coverage maximum.
Flushing Zoning Board of Appeals
Minutes
Page Three
Daly stated that the property is currently zoned R-1, and that Section 153.307(a) of the Flushing City Zoning Ordinance is designed to accommodate and be the most restrictive of the residential districts. If the Board were to approve the requested variance, they would be creating an R-2 strip inside of an R-1 zone. His concern was that, while there is an immediate need that the petitioner is addressing, the modification stays there forever, thus modifying the nature of that particular zoned area.
O’Callaghan stated that the request did not meet the five criteria.
Variance – 308 Primrose Lane – Motion by Daly, seconded by Keane, to deny the request for variance for 308 Primrose Lane based on the fact that the property can be put to reasonable use and is being used as it is currently zoned; the problem has not been created by a unique set of circumstances peculiar to the property or other neighborhood conditions, and the ordinance does not create an unnecessary hardship on the community; the proposed use of the property would alter the essential character of the neighborhood in that the current neighborhood is zoned R-1, and the problem is self-created.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Adjournment – Motion by Daly, seconded by Borkowski, to adjourn.
Yea: Borkowski, Daly, Keane, Martus, O’Callaghan
Nay: None
Motion Carried.
Adjourn: 7:40 p.m.
______________________________
Nancy G. Parks, City Clerk/Treasurer