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BOARD OF ADJUSTMENT The Board of Adjustment meeting was held on Tuesday, April 11, 2006, at 4:00 p.m. in the City Council Chambers of City Hall. Roll call was taken. Present were members Wallace Reeves, Gary Hatrick, and Jim Winslow. Absent were Pat Besinger and William Poe, Sr. Staff present: City Attorney Joe Poblick, City Building Official Bill Burgess, William C. Poe City Planner and Senior Code Support Specialist Bobbie Swetland. The Pledge of Allegiance followed. Motion was made by Jim Winslow to approve minutes of meeting of February 14, 2006. Seconded by Gary Hatrick and passed unanimously. (1) Wayne Butterfield, property owner, 5031 - 6~ Street. Variance request to build a single family dwelling in an Office/Professional zoning district. Toni Schmidt was present as representative for property owner Wayne Butterfield and addressed the board regarding the variance request. Assistant Planning Director Billy Poe was asked by Burgess to address the board regarding a problem with this request. Poe referred to the City Land Development Code, Section 12.02.02, which states: any person desiring to undertake a development activity not in conformance with the standards and requirements of this code may apply for a variance in conjunction with the application for development approval. Land uses which do not comply with this Code and the Comprehensive Plan shall not be eligible for a variance. Poe proceeded to say that the problem with this request was a land use issue. He also stated that the property is a MU land use which is a mixed use and it's a Residential/Urban support that does allow for R2, R3, R4 and OP zoning. Said property is currently zoned OP/ but OP does not allow for a single family dwelling unit. Poe then stated the situation we have is a legal, non-conforming use and if that use is destroyed more than 51% - anything rebuilt has to comply with today's codes and standards. Therefore, abiding by the LDC, the Board of Adjustment does not have the authority to approve this variance request. This was confirmed by City attorney Joe Poblick. Poe stated that the property owners could apply for a rezoning or a conditional use for a duplex. Building Official Burgess stated he misdirected this issue to the Board of Adjustment because he was under the impression it would qualify for a variance. Burgess also stated he would recommend the $150 application fee paid be forwarded as a credit towards the property owner's choice of either rezoning or conditional use fee. Apology was given to Ms. Schmidt for the inconvenience and she was directed to contact the Planning Department regarding further information concerning which route they would decide to select.