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HomeMy WebLinkAbout8-2-18 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT August 2, 2018 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on August 2, 2018 and called to order at 3:02 p.m. with the following members present: Chairman Dana Timaeus Alternate Board Member Tom Rowe Alternate Board Member Lee Smith Alternate Board Member Christy Amuny Board Members absent: Board Member Jeff Beaver Board Member Joey Hilliard Also present: Adina Josey, Senior Planner; Fran Malvo, Recording Secretary, Tyrone Cooper, City Attorney APPROVAL OF MINUTES Alternate Board member Amuny made a motion to approve the amended minutes for December 7, 2017 and April 5, 2018. Board member Smith seconded the motion. Motion to approve the minutes carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 728-BA: Consider a request for a Variance to the screening/fencing equipment requirement. Applicant: GBI Investments, L.L.C. Location: 4490 Crow Road Mrs. Josey presented the staff report. GBI Investments is requesting a Variance to the fencing requirement at 4490 Crow Road. According to the submitted site plan, they would like to terminate the eight (8) foot screening fence on the south property line, east of the new structure (approximately 100 feet from Crow Road right-of-way). The church to the south sits 70 feet from Crow Road. If the purpose of the reduced fence is for visibility, as stated in the request, it would seem that ending the fence even with the front of this building to the south would accomplish this and still allow protection for the church. BOARD OF ADJUSTMENT August 2, 2018 The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Slides of the subject property were shown. Discussion followed regarding the right-of-way on Crow Road. Seven notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and no responses were received in opposition. Chairman Timaeus asked how far is the street pavement from the property line and what is the variance request. City Attorney, Tyrone Cooper stated that the request needs to be thorough enough to know what is being addressed and how to address it. Discussion followed regarding the Variance. The applicant was present. Mr. Timaeus inquired about the landscape screening. Mrs. Josey stated that landscape buffer requires a tree every twenty-five (25) feet. She also stated a screening line of shrubbery is required alongside Crow Road to buffer the parking area. Chairman Timaeus opened the public hearing. Anthony Goss, representing GBI Investments addressed the Board. Mr. Goss stated he is the franchise owner of the new Steak ‘n Shake and intends for the shrubbery to be kept to a minimum required three feet by his landscapers. He also expressed concerns about the traffic flow on Wednesdays and Sundays at the church next door. Discussion followed. Alternate Board Member Smith made a motion to approve a Variance to allow the landscape buffer to begin 65 feet from the street right-of-way as requested for File 728-BA. Alternate Board Member Amuny seconded the motion. Motion to approve carried 4:0. 2) File 729-BA: Consider a request for a Variance to the minimum 20 foot front yard setback requirement. Applicant: Ehrhart Charter School Location: 3420 Fannin Mrs. Josey presented the staff report. Ehrhart Charter School is requesting a Variance to the minimum front yard setback at 3420 Fannin Street. The school has purchased property, including an existing structure to the west of their current location. Consultation with the fire department reveals the structure is in need of a fire egress stairwell. Fire codes require a stairwell at each end of the structure. Stairwells exist at the rear and center of the structure. The only way to make the second floor of the structure legal is to build an external stairwell. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Brief discussion followed regarding parking. Slides of the subject property were shown. Twenty (20) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor or in opposition. Chairman Timaeus opened the public hearing. John Ceravolo, Vice-President of the Board for Girl’s Haven and Erhart Charter School addressed the Board. No questions for Mr. Ceravolo. A brief discussion followed. Alternate Board Member Smith made a motion to approve the request for a Variance to the 2 BOARD OF ADJUSTMENT August 2, 2018 minimum 20 foot front yard setback requirement as request for File 729-BA. Alternate Board Member Tom Rowe seconded the motion. Motion to approve carried 4:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:32 p.m. 3