HomeMy WebLinkAbout5-4-17 BA Minutes
* M I N U T E S *
BOARD OF ADJUSTMENT
May 4, 2017
City Hall, 801 Main Street
A Meeting of the Board of Adjustment was held on May 4, 2017 and called to order at 3:07 p.m. with
the following members present:
Chairman Dana Timaeus
Board Member Kelli Maness
Board Member Mary Jowers
Alt. Board Member Lee Smith
Alt. Board Member Tom Rowe
Board Members absent: Board Member Jeff Beaver
Board Member Joey Hilliard
Alt. Board Member Christy Amuny
Also present: Adina Josey, Planning and Zoning; Raymond Rowzee, Planning and
Zoning, Fran Malvo, Recording Secretary, Tyrone Cooper, Senior City
Attorney
APPROVAL OF MINUTES
Board Member Rowe made a motion to approve the minutes from the April 6, 2017 regular meeting.
Board Member Jowers seconded the motion. Motion to approve carried 5:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 716-BA: Consider a request for a Variance to the front and side yard setbacks.
Applicant: Tanna Harris-Semiene
Location: 5220 Fairview Avenue
Mrs. Josey presented the staff report.
Tanna Harris-Semiene is requesting variances to the front and side setbacks for her property at 5220
Fairview Avenue. Ms. Harris-Semiene hired a contractor to pave driveways and construct a carport.
The carport was constructed without a permit and is located 0.57' from the front property line and 0.8'
from the side property line. The zoning ordinance requires a minimum 25' front setback and a
minimum 5' side setback in an RS (Residential Single Family Dwelling) District. In addition, concrete
has been poured 2.07' from the side property line. The zoning ordinance requires concrete be a
minimum of 2.5' from a shared property line. Concrete is encroaching on the right-of-way as well, but
BOARD OF ADJUSTMENT
May 4, 2017
that portion of the driveway will be saw-cut and removed.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a
variance have been met.
Slides of the subject property were shown. Thirty-four (34) notices were mailed to property owners
within 200 feet of the subject property. No responses were received in favor or in opposition.
A brief discussion followed. Chairman Timaeus asked Mrs. Josey to show slides of the subject
property a second time so the Commission could get a better view of the property. A brief discussion
followed. Tanna Harris-Semiene addressed the Commission. Discussion followed. Ms. Harris-Semiene
stated that she purchased the home from Mr. Van Meter in 2011. Chairman Timaeus stated that the
concrete needed to be cut and the overhang needed to be removed. Commissioner Maness made a
motion to approve a variance for encroachment of a structure at its current position within the 5 foot
side yard setback. Commissioner Smith seconded the motion. Commissioner Smith made a motion to
approve a variance for the particular structure in its particular place as it exists waiving only the
structure within the 25 foot front yard setback. Commissioner Maness seconded the motion.
Di Board member Smith made a motion to approve the request for a Variance to the prohibition of
Cellular telephone transmission towers within two hundred (200) feet of a residentially zoned property
as requested in File 714-BA. Board member Rowe seconded the motion. Motion to approve carried
5:0.
S OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:55 p.m.
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