The City of Nichols Hills
Minutes of the Board of Adjustments Meeting
April 20, 2011

Original Agenda Filed in the Office of the Municipal Clerk at 3 p.m. on the 15th day of April, 2010.

Edward Clements, Chairman                Robert Slater
Tom Flesher                                          John Covington
H. M. Mahaffey                                      David Poole, City Manager
John Michael Williams, City Attorney     Kristi Hort, City Clerk, Fin Director

1. Call to Order.

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

2. Roll Call.

Acknowledgment was made by Chairman Clements that he along with members Slater, Flesher and Covington were all present. Commission member Mahaffey was absent.

3. Minutes.

None

4. PUBLIC HEARING – Case No. 2011-02:  Discussion, Consideration and Possible Action on Case Number 2011-02, for which the owners of 1125 Bedford have requested a variance to build a carport past the East setback line.  This property is currently zoned R-1-60.

Jo Ann Kessler, Owner of 1125 Bedford present the members of her variance request.  There were no citizens present to speak for or against this request.  Chairman Clements acknowledge for the record a letter received from Ms. Marsha Maimbourg, owner of the property located at1123 Bedford.  Ms. Maimbourg’s letter was in opposing of the variance request.

Following the discussion, Slater MOVED the request be denied, seconded by Flesher. AYES: Covington, Flesher, Clements and Slater NAYES:  None

5. PUBLIC HEARING – Case No. 2011-03:  Discussion, Consideration and Possible Action on Case Number 2011-03, for which the owners of 1507 Bedford have requested a variance to build a garage 18 feet past the rear setback line.  This property is currently zoned R-1-60.

Mr. Bill Gummerson addressed Board of Adjustment members on behalf of owners of 1507 Bedford.  During his presentation he addressed the unique layout of the structures on this lot.   Following discussion between members, John Michael Williams City Attorney, David Poole and staff, the following motion was made.

Chairman Clements MOVED: The request for variance to intrude into the current 25 foot setback on the northern edge of the property be granted to allow for construction within six feet nine inches from the northern property line.  This decision being based on consultation with City Attorney John Michael Williams, recognizing in fact that the northern edge of this property is in all practical ways the side yard of property, which would be normally be subject to a 10 foot setback.  Also, establish as a condition of this variance a new setback line 25 feet of the eastern property line, additionally, should the east property line move, the setback line should also move.

APPROVED:  Clements Moved that application number 2011-03 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 Covington.  AYES: Clements, Flesher, Covington and Slater.

6. Adjournment.

APPROVED Moved by Covington, seconded by Flesher.  AYES: Covington, Flesher, Clements, Slater NAYES:  None

Edward Clements
__________________________     
Edward Clements, Chairman

Kristi Hort                          David Poole
_________________       ______________________
Kristi Hort, City Clerk         David Poole, City Manager