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11-20-1969 Minutes M IN UTE S ------- Board of Zoning Appeals City Commissioners Room City-County Building Salina, Kansas November 20,1969 5:00 p.m. Members present: Others present: Sabin, Patterson, Altman, Mendicina R. Lange, L. Webb The meeting was called to order by Chairman Sabin at 5:11 p.m. 1. Florence K. Weddle request permission of the Board under Ordinance 6613 of the City of Salina, Section 15, to allow the operation of a Single Operator Beauty Shop Installation on the South Seventy (70) feet of Lot Seventeen (17) and Eighteen (18), Block One (1), Wymore Addition to the City of Salina, Saline County, Kansas (803 East Claflin). Mr. and Mrs. Weddle and Mr. Cochran, an interested party, were present. Mrs. Weddle approached the Board. The Board inquired if Mrs. Weddle had letters of approval from her neighbors. Mrs. Weddle noted that she doesn't know any of the neighbors since she is trying to purchase the property from Mr. Cochran but will not buy it until she is assured that a beauty salon can be allowed. She pointed out that she presently has a beauty salon operating in her home at 216 North 12th. It was noted there is a beauty shop 1-1/2 blocks East of the property in question on Claflin and another North on Roach Street about 1/2 block. The customers of these beauty shops will not overlap because Mrs. Weddle has had the same customers for several years. The restrictions for a sign advertising such beauty shop placed on private property was discussed. Mr. Lange pointed out that a sign could not be more than one square foot. The Chairman explained that their permission for a beauty shop is not transferr- able; it is valid only for the person issued to at the specified location. Mr. Patterson made a motion to approve this petition for Special Class Zoning. Seconded by Mr. Altman. Vote was unanimous to approve this motion. Mr. Patterson brought up the petition of George Cardinal presented at the October 30, 1969 meeting. It was noted that Mr. Cardinal appealed the decision of the Board to the City Commission at its regular meeting on November 17,1969: they reversed the Board's decision and granted the rear yard variance Mr. Cardinal requested. 2. Mr. Patterson noted that he checked the minutes of the Board of Zoning Appeals and the City Commission meetings and found that every petition the Board of Zoning Appeals has denied and which was appealed to the City Commission, the City Commissioners have reversed the decision. It was consensus of the Board that if the City Commission is going to set a pre- cedent of reversing decisions of the Board of Zoning Appeals, then perhaps con- sideration should be made for changing the Ordinance. Mr. Patterson read a letter he is drafting to the City Commissioners. Each Board member felt they should sign this letter after its completion: they agreed something should be done to bring the Board's feeling to the attention of the City Commi ss i on. Mr. Patterson read the conditions on which a variance can be granted. It was the feeling of the Board that their decision should not have been reversed by the City Commission since the City Attorney advised the Commissioners at the City Commission meeting that according to the Ordinance, the only way they could approve the variance is to declare it a hardship case, and then allow the variance. There was no hardship shown in this case. It was noted that none of the Board members had been contacted by any of the City Commissioners to determine why this case was denied by the Board of Zoning Appeals. Mr. Patterson commented that a channel of communication needs to be opened between the Board of Zoning Appeals and the City Commission. Board of Zoning Appeals November 20,1969 Meeting Minutes Page -2- Mr. Mendi ci na moved that Mr. Patterson fi ni sh compi 1 i ng the 1 ettl~r; present it to all members for their signature (if they desire to sign it), and present it to the City Commission by mail or in person before the next City Commission meeting. Seconded by Mr. Altman. Vote was unanimous to approve this motion. There being no further business and upon proper motion, the meeting was adjourned at 5:35 p.m. Respectfully submitted, ~ \,~~ "-À--J~lr Linda Webb, Secretary Pro-Tern Board of Zoning Appeals Attest: John R. Sabin, Chairman