What happens when a builder make a 3 1/2 inch mistake

Board of Adjustments meeting for August 8, 2019

The Board:
Joey Acfalle-Present
Cheryl Kielman-Present
Randy Stoneroad-Present
Sandy Veigh-Present

Sec. 211.009.  AUTHORITY OF BOARD.  (a)  The board of adjustment may:

(1)  hear and decide an appeal that alleges error in an order, requirement, decision, or determination made by an administrative official in the enforcement of this subchapter or an ordinance adopted under this subchapter;

(2)  hear and decide special exceptions to the terms of a zoning ordinance when the ordinance requires the board to do so;  

(3)  authorize in specific cases a variance from the terms of a zoning ordinance if the variance is not contrary to the public interest and, due to special conditions, a literal enforcement of the ordinance would result in unnecessary hardship, and so that the spirit of the ordinance is observed and substantial justice is done;  and

(4)  hear and decide other matters authorized by an ordinance adopted under this subchapter.

(b)  In exercising its authority under Subsection (a)(1), the board may reverse or affirm, in whole or in part, or modify the administrative official's order, requirement, decision, or determination from which an appeal is taken and make the correct order, requirement, decision, or determination, and for that purpose the board has the same authority as the administrative official.

(c)  The concurring vote of 75 percent of the members of the board is necessary to:

(1)  reverse an order, requirement, decision, or determination of an administrative official;

(2)  decide in favor of an applicant on a matter on which the board is required to pass under a zoning ordinance;  or

(3)  authorize a variation from the terms of a zoning ordinance.

The Agenda:
Board of Adjustments Agenda

The Board convened at 6PM and adjourned within 10 minutes.

There was one public hearing on the agenda and it was for the new home built by Atkinson located at 522 Skyline Dr. The property has already been granted a variance because of the cliff behind the property. They were granted 19 feet from the street instead of 25 feet, as defined by ordinance.

When the foundation was laid out and poured, the contractor miss-measured. Instead of measuring the 19 feet from the curb they straight lined measured from only one point. The start point was 19.05 feet and the other point was 18.64 feet (about 3 1/2 inches).

 The board voted 4-0 to grant the variance. Mr Atkinson said that he was pleased with the ruling and told me there was no charge for the hearing and variance.

"Always measure twice"