City Government
The Zoning Board of Adjustments (ZBA) met Tuesday to discuss one item.
After opening the meeting at 5:30 p.m., the board approved their Aug. 20 meeting minutes unanimously.
The board then discussed a variance request for an outdoor kitchen built at 628 Rasure Circle.
According to materials provided by the city, the structure had improperly encroached approximately 6.5 feet too near to the principal structure on the lot, a home. City staff recommended approval for the variance request as its approval was not contrary to public interest, according to City Development Director Tory Niewiadomski.
The issue was brought before the city due to it being spotted by code enforcement, Niewiadomski said.
No neighbors within 200 feet who were issued mail about the variance objected to the city, Niewiadomski said.
“If we’re going to perform the way a ZBA board is intended by the law here, I can’t support the variance,” member Jay Julian stated.
Julian cited legal precedent wherein hardship needed to apply for a variance may not be self-created hardship, such as failing to correctly apply to city code in the first place.
“The only way I feel I can be fair is to apply the law across the board,” Julian stated.
The board voted 4-1 to grant the variance, with Julian voting to reject the variance.
Homeowner Matthew Mattison thanked the board for their decision.
“We make hard decisions, but there are lots of other boards that make harder decisions,” board member Brad Burgin told the News-Telegram.