08/25/2015 MINUTES - Laserfiche WebLink

Home Browse Search

Kent McIlyar asked does the board have any questions for Mr. Efrussy. No response. Jerry Haning stated Mr. Walker, this is a very unusual request. He sat on this board for two and a half years, and we've had pretty simple cases. Most things we deal with contractors on five -foot variances. Mr. Haning stated he doesn't want to make a decision on this because he doesn't believe it's this boards place. If the board doesn't make a decision on this, it will just be tabled and no vote will take place. Kent McIlyar stated the board has two issues before them. The board has 2.a., which is the appeal of the building official's decision revoking the building permit for Lot 2, Block B of Morningside North 2 Subdivision, at 4250 Lamar Avenue. The board needs to vote on this issue. The board also needs a motion and a vote on the Glick's application for a variance under 2.b. in your agenda. Both of these actions under City Zoning Ordinance Sectionl6, it states that the concurring vote of four members of the Board of Adjustments shall be necessary to revise any administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under this ordinance or to effect any variance in said ordinance. So both items need separate motions and votes. Steve Walker stated Mr. Haning, just to speak on that, he says on behalf of my client, we do need a decision, because a non - decision or a tabling leaves my client in further limbo. He doesn't know if the board is aware, but this has been months just to get here because there were issues with new board members and some being out of town. We're now six months past the time the building permit stopped, and so we do need a decision. Obviously we've asked the board to decide to grant the appeal. If you choose not to grant the appeal, then that at least clears the way for my client to take legal action that he needs to do in order to protect his business interest and to recover losses that he's experienced because of this process. Mr. Walker further stated he will say that we do not want there to not be a decision today, because otherwise, we can't move forward either way. Jerry Haning stated okay. Louise Hagood stated Mr. Chairman (Jerry Harting), on 2.a., we haven't heard Mr. Glick and she would like to ask him a question. Jerry Haning stated go right ahead. Louise Hagood asked the appeal of the decision revoking the permit, it talks about your hardships. Tell me what your hardships have been other than the delay of time? Ben Glick stated we incurred a great expense with our general contractor, the design and the dirt work. Then we've hired employees, or specifically a manager, who we were training, hoping to open up the facility some time ago here in Paris. We do feel obligated not to let that employee go because of events outside of his control, so we continue to have him on our payroll. Mostly design and development cost of the business.