HomeMy WebLinkAbout02/29/2000 Council Minutes CITY OF FAIRFAX
Board of Adjustment Meeting
February 29,2000
Board of Adjustment met out Tuesday February 29th at 6:00 p.m.Members present Bryan Balog,
Ray Zamastil,Randy Price and David Everett. Absent Doug Exline. The first order of business was to
appoint a new Chairman.R.Zam stiI moved to appoint Bryan Balog.Bryan accepted. Others who spoke at
the meeting included City Attorney Scott McLeod,City Clerk Betty Panek,Alisa Shakespeare,Toth Banes,
JoAnn Beer,Bill Voss and Sandra Baumgartner.
The meeting was called to hear the appeal of Dan and Alisa Shakespeare,concerning a decision of
the Fairfax City Council to grant an extension of the Building Permit of Banes Construction to July 1,
2000.Reasons stated that the City Council failed to require Banes Construction to comply with Zoning
Ordinance Section 1.05.03.
Scott McLeod detailed the letter,and the procedures and duties of the Board of Adjustment.Ahsa
Shakespeare stated the current zoning procedures and that Banes did not file the request 30 clays before
expiration of the original permit and did not include a construction schedule.Alisa stated that the council
should have made Banes construction apply for a new permit,and not granted the extension.That she was
held to timely filing of her appeal to the permit and that Banes should also comply.Alisa stated that she did
not want to stop construction,she just wanted the codes enforced.
JoAnn Beer, Council,gave a little background on issuing of permits in Fairfax. She stated that
Banes was making a conscience effort to finish their building and they did offer a verbal construction
schedule.
Discussion:D.Everett asked about extensions in the past and how they were handled.Balog stated
that extension have been granted without the 30 days notice and no written construction schedule.Balog
said that Banes had applied for his permit according to the rules,and Alisa did not bring it up until August.
Bryan said it would be an injustice not to finish the building,and it would be a lesson for the future,trying
to enforce new codes&procedures.
There are two options for the Board; 1.To deny the Appeal.2.To accept the appeal and have
Banes construction apply for a new permit Ray Zamastil made a motion to deny the appeal of Dan and
Alisa Shakespeare to rescind the extension granted to Banes construction..2d Randy Price.Discussion:
Everett's viewpoint was that the regulations were not unreasonable and would not cause an undue hardship
on Banes to apply for a new permit, Vote.Ayes.Balog,Price,and Zamastil.Nay Everett.Absent Exline.
Reason for action:City Council issued the permit in good faith„and there would be no
ramifications for not extending the permit to July 1, 2000.The City Council has in the past taken verbal
construction schedule and not required 30 days notice prior to expiration of permits.Bryan Balog stated
that it would be in the best interest of the City to have Banes move their business to the new building.
Motion R.Zamastil,2"'d R.Price to adjourn the meeting at 6:55 p.m.
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Betty Pa k sty Clerk