Board of Zoning Appeals

Town Hall, September 12, 2006, 7:00 p.m.


Members present were Chair Bob Haines, Pat Aldred, Joe Curtsinger, Larry Gardner and Charles Lawson. Staff present was Recorder Cindy Lancaster, Engineer Rich Woodroof and Counsel Robert J. Notestine. Applicant Patrick Martin and one citizen.


Chair Haines opened the meeting at 7:00 p.m. and led the Pledge of Allegiance.


Commissioner Lawson made a motion to approve the minutes from August 8, 2006, Commissioner Gardner seconded and this passed unanimously.


Chair Haines noted that there were no citizen’s comments and then asked if the applicant would like to address the commission.


Mr. Patrick Martin was in attendance and noted that he is renting a building from Mr. Vern Patterson who is doing extensive work on the building. Mr. Don Swartz came by and noted that if an extension would be built Mr. Martin would need to go before the BZA to request a variance for the bulk regulations for side yard setback, which is five foot minimum. Mr. Martin stated that he has a problem with bird feces and foreign items coming in to the cooking area. He stated that he would like to be serviceable and look nice. He noted that he would not construct anything that was load bearing and if the town needed that area he could have it taken down within six hours.


Town Engineer Woodroof stated that Mr. Patterson has an approved site plan that he is working toward completion. He noted that Mr. Martin is requesting that on the south side of the building an extension of the roof be built and an enclosure. This will violate the bulk regulations for side yard setback in the CS zone, which is a five-foot minimum.


Commissioner Gardner asked if a permit had been pulled for the extension that was built by the El Texano Restaurant. Engineer Woodroof stated that he would have to pull this information. Commission Gardner stated that his concern is if a building is constructed next door it would be difficult to deny a request from them, if they choose to make a similar request. He noted this is against the standard.


Mr. Martin noted that one of the first things that he noticed was the bird droppings in that area. He noted that he could operate without the addition, although it would make it easier to keep clean. He asked the commission if they would consider allowing the variance with the agreement that if it needed to come down at a later date, the town would allow him 48 hours to have it removed.


Counsel Notestine noted the criteria to grant a variance. He further stated that it is his understanding concrete was poured in that area. Mr. Martin stated that previous tenants killed goats in that area and the smell was horrific. It was so bad that concrete had to be poured over the area to eliminate the odor.


Commissioner Gardner made a motion for approval, Commissioner Curtsinger seconded.


Mr. Martin then asked the board if this is approved, would he have to construct it immediately. Counsel noted that a variance can be considered on four criteria with any of the four conditions being met. In reading the criteria, Counsel stated that he could see two criteria that this request met. Counsel Notestine noted that it does not have to be constructed immediately, although he urged the board to make the motion very specific.


Commissioner Gardner noted that the five-foot bulk standard is in the ordinance and that should be adhered to.


Commissioner Curtsinger stated that he felt it would be hard to obtain a temporary variance. He then asked counsel if it would harm the public welfare with the problems at hand in regards to sanitation if it is not granted.


Commissioner Gardner asked if the restaurant sells, could a new establishment place tables under that area?


Mr. Martin again asked if he removed the structure within the timeframe that the town wishes, could he be granted this variance.


Commissioner Curtsinger asked if he needed this addition immediately. If not, would he be opposed to returning with this request at a later date.


Mr. Martin stated that he wanted it clean and to keep the weather out. He noted that he had obtained a line of credit and wanted to get everything taken care of at this time. He stated that he could re-approach the board at a later date.


Commissioner Curtsinger asked Counsel if he withdrew the request, could it be brought back anytime, versus if this applicant is denied. It was noted that if the request was denied, the applicant could not reapply for one year. If the applicant withdraws the request, he could reapply at any point in time.


Mr. Martin then asked the board to withdraw his application.


The meeting adjourned at 7:32 p.m.


Respectfully submitted,




Cindy Lancaster

Town Recorder