HomeMy WebLinkAboutBoard of Adjustment Minutes 12-23-1991BOARD OF ADJUSTMENT HEARING
December 23, 1991
(This meeting was recorded by a court reporter)
Chairman Kinney brought the meeting to order at 9:00 A.M.
Board members present included Supervisors Menter, Sinclear,
Bradley and Kinney. Supervisor Stephens was excused because of
personal matters.
Staff present was Tom Nelson, Zoning Administrator.
Sinclear made a motion to approve the agenda as mailed. Seconded
by Bradley. Motion carried.
Bradley made a motion that the minutes be approved. Seconded by
Menter. Motion carried.
Nelson read a letter from Randy Beach expressing concerns that
the decision rendered for a garage setback of 100 feet was an
unjust decision. He is requesting that his appeal be
reconsidered.
Motion by Menter. Seconded by Sinclear to allow Beach to return
as old business. Motion carried three to one with Bradley being
opposed for reasons that the original decision should stand.
NEW BUSINESS
JOHN PFLEIDER
Kinney explained the procedures of the hearing requesting that
all testifying should sign the sheet at the front of the table.
Nelson explained that the purpose of this special hearing was to
consider the possible revocation of a permit to John Pfleider for
a retaining wall and garage.
At the time the permit was issued in 1988 several conditions were
established by the Board of Adjustment for stabilization
purposes. None of these conditions have been met.
Matthew Biegert, attorney representing Pfleider stated that he
and his client agreed theses conditions had not been met and
would agree to have them completed by May 15, 1992.
William Radosavich attorney representing Richard and Genevive
Carlson suggested that the permit be revoked and then be allowed
to re -apply for the permit with new conditions.
Nancy Gianoli complained that there was more issues than just the
conditions. The original discussions had developed an
understanding that John was not to park in the right-of-way of
the access road.
Kinney stated that the
of the garage included
road right-of-way. All
the minutes or decision.
original interpretation of the placement
that John would not park in the private
of this discussion was not reflected in
John had acted in good faith.
Dean Albert, town of Troy chairman stated that this development
by todays standards would not be developed.
Kinney made a motion that the special exception use permit be
terminated. John Pfleider is then to re -apply by January 15,
1992 for a hearing to be held at the regular March Board of
Adjustment meeting. Motion seconded by Bradley. Motion carried.
Bradley made a motion that the meeting be adjourned. Seconded by
Menter. Motion carried.
The date of the next meeting will be January 29, 1992.
Respectfully submitted:
Robert Ste
TCN:cj
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