HomeMy WebLinkAbout6-1-17 BA Minutes
* M I N U T E S *
BOARD OF ADJUSTMENT
June 1, 2017
City Hall, 801 Main Street
A Meeting of the Board of Adjustment was held on June 1, 2017 and called to order at 3:03 p.m. with
the following members present:
Chairman Dana Timaeus
Board Member Kelli Maness
Board Member Jeff Beaver
Board Member Mary Jowers
Alt. Board Member Lee Smith
Alt. Board Member Tom Rowe
Board Members absent: 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, City Attorney
APPROVAL OF MINUTES
Board Member Maness made a motion to approve the minutes from the May 4, 2017 regular meeting.
Board Member Smith seconded the motion. Motion to approve carried 5:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 717-BA: Consider a request for a Variance to the minimum required front setback for a
cul-de-sac, from 15 feet to 10.09 feet and to the minimum required side setback from 5 feet to
4.34 feet.
Applicant: Trademark Investments/Trademark Homes
Location: 3520 Abby Lane
Mrs. Josey presented the staff report.
Davis Bassa, on behalf of Trademark Homes, is requesting variances to the front and side setbacks for
the property at 3520 Abby Lane. Upon completion of the home, it was discovered a subcontractor
incorporated a 10 foot setback instead of the required 15 feet. The building is slightly askew on the
property creating an encroachment at the rear corner of the structure as well. Correction of the
encroachments would require extensive construction.
BOARD OF ADJUSTMENT
June 1, 2017
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. Twenty-one (21) notices were mailed to property owners
within 200 feet of the subject property. Nine (9) responses were received in favor and none were
received in opposition. A brief discussion followed. John Hamilton, the Superintendent for Trademark
Homes addressed the Board. Mr. Hamilton stated that he did not realize there was a problem until they
were in the process of installing a privacy fence. The home is complete and it is for sale. Mr. Hamilton
stated that it was a mistake by the concrete company and that there was no survey of the slab once the
foundation was laid. However, there was a survey of the property from Faust Engineering and
Surveying. Discussion followed. David Bassa, a representative of Trademark Homes, addressed the
Board. A brief discussion followed.
Di Board member Smith made a motion to approve the request for a Variance to the minimum required
front setback for a cul-de-sac, from 15 feet to 10.09 feet and to the minimum required side setback
from 5 feet to 4.34 feet as requested for File 717-BA. Board member Beaver seconded the motion.
Motion to approve carried 6:0.
2) File 718-BA: Consider a request for a Variance to the minimum required front setback for a
cul-de-sac, from 15 feet to 10.88 feet.
Applicant: Trademark Investments/Trademark Homes
Location: 3515 Abby Lane
Mrs. Josey presented the staff report.
David Bassa on behalf of Trademark Homes, is requesting variances to the front and side setbacks for
the property at 3515 Abby Lane. Upon completion of the home, it was discovered a subcontractor
incorporated a 10 foot setback instead of the required 15 feet. Correction of the encroachment would
require extensive construction.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a
variance has been met.
Slides of the subject property were shown. Twenty-eight (28) notices were mailed to property owners
within 200 feet of the subject property. Thirteen (13) notices were received in favor and none were
received in opposition. Mr. Hamilton addressed the Board once again. A brief discussion followed.
Board member Jowers made a motion to approve a request for a Variance to the minimum required
front setback for a cul-de-sac, from 15 feet to 10.88 feet as requested for File 718-BA. Board member
Maness seconded the motion. Motion to approve carried 6:0.
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BOARD OF ADJUSTMENT
June 1, 2017
S OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:36 p.m.
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