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Wednesday, January 16, 2013

The City of Nichols Hills

Minutes of the Board of Adjustments Meeting

January 16, 2013


Original Agenda Filed in the Office of the Municipal Clerk at 4 PM on the 10th day of January, 2013.



Robert Slater, Chairman                                              Edward Clements

Tom Flesher                                                                John Covington

Julie Hall                                                                     David Poole, City Manager

John Michael Williams, City Attorney                          Kristi Hort, City Clerk, Fin Director



1.      Call to Order.


Chairman Slater called the meeting to order at 5:30 p.m.


2.      Roll Call.


Acknowledgment was made by Chairman Slater that he along with members Clements, Flesher and Covington were all present.  Ms. Hall was absent.  Mr. Shane Pate, Attorney for City of Nichols Hills was present in City Attorney John Michael Williams absence.


3.      Minutes.


a.      December 19, 2012


Motion to APPROVE the minutes as modified was moved by Covington, seconded by Clements. 

AYES: Flesher, Clements, Slater and Covington

NAYS: None



4.      PUBLIC HEARING Case No. 2012-08:   Discussion, consideration and possible action on Case 2012-08, for which the owners of 1604 Coventry have requested a variance build a new home that will extend 5 feet past the rear yard setback on the first floor and 10 feet past the rear yard setback on the second floor. This property is currently zoned R-1-75.


Flesher made a motion to continue this public hearing to the regular scheduled meeting on February 20, 2013 at 5:30 p.m., and seconded by Slater.

AYES: Covington, Clements, Flesher and Slater

NAYS: None


5.      PUBLIC HEARING Case No. 2013-01:   Discussion, consideration and possible action on Case 2013-01, for which the owners of 1700 W Wilshire have requested a variance to build a new home with a side setback on the Pennsylvania side to be 28 feet.  The current side setback is 65 feet as platted on a corner lot.  This property is currently zoned E-1.


Following the staff report and the applicants presentation for a variance request to board members, Chairman Slater opened the public hearing.  Ms. Kay Kuykendall addressed the board in support of this request, while Mr. Tom Kilkpatrick spoke in opposition.  Having no others express a desire to be heard, the public hearing was closed.


APPROVED:  Flesher Moved that application number 2013-01 be approved in accordance with submitted application as presented at this meeting because:

                           I.         The application of the ordinance to this particular piece of property would create an unnecessary hardship:

                         II.         Such conditions are peculiar to this particular piece of property;

                        III.         The granting of this variance will not cause substantial detriment to the public good, or impair the purposes and intent of the ordinance or the comprehensive plan; and

                      IV.         The variance is the minimum necessary to alleviate the unnecessary hardship. Seconded by Clements. 

AYES: Flesher, Clements and Slater

NAYS: Covington


6.      Adjournment.   There being no further business, Chairman Slater adjourned the meeting





Robert Slater             

Robert Slater, Chairman




Kristi Hort                             David Poole                       

Kristi Hort, City Clerk          David Poole, City Manager


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