HomeMy WebLinkAbout8-2-12 BA Minutes*MINUTES*
BOARD OF ADJUSTMENT
August 2, 2012
City Hall, 801 Main Street
A Regular Meeting of the Board of Adjustment was held on August 2, 2012 and called to order at 3:00 p.m.
with the following members present:
Board Member Joey Hilliard
Board Member Mary Jowers
Alternate Member Christopher Plaunty
Alternate Member Christy Amuny
Board Members absent: Chairman Dana Timaeus
Vice -Chairman Pat Avery
Board Member Bob Harris
Alternate Member Kelli Maness
Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina
Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community
Development Director
APPROVAL OF MINUTES
Board Member Amuny made a motion to approve the minutes of the Regular Meeting held June 7,
2012. Board Member Plaunty seconded the motion. Motion to approve carried 4:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 647-BA: Request for a variance to the minimum side yard building setback from 5' to 0.681
.
Location: 1260 East Drive
Applicant: Monique Gipson
Mr. Richardson presented the staff report. An inspection ofthe subj ect property found that a carport
and an addition on the rear of the house were being constructed without abuilding permit. Monique
Gipson, the property owner, states that she thought the contractor had taken care of the necessary
permits. She says that the left side of her lot has a narrow, single car, concrete driveway in poor
repair. She had the original driveway removed and replaced. In addition, she had a carport and
storage room constructed to provide protection for her car and needed storage space.
BOARD OF ADJUSTMENT
August 2, 2012
When she was making application to appear before the Board of Adjustment, staff noticed that the
carport actually extended F over the adjacent property line. As a result of that encroachment, the
neighborhood property owner has deeded 1.5' of his lot to Ms. Gipson. This puts the carport 0.68'
from the new property line.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met.
Twenty-two notices were mailed to property owners within 200 feet. Six responses in favor and
none in opposition were returned.
Slides of the subject property were shown.
Board Member Hilliard, acting as Chairman, openedthe public hearing and asked forthe applicant's
comments.
Monique Gipson, the applicant, addressed the Board.
Board Member Hilliard asked for comments in favor or in opposition.
Ruth Aubey addressed the Board in favor of the request. Mrs. Aubey and her husband live in the
house to the north of Ms. Gipson's.
Board Member Hilliard closed the public hearing.
Discussion followed between the Board members.
Board Member Jowers made a motion to approve a variance to the minimum side yard building
setback from 5' to 0.68' at 1260 East Drive as requested in File 647-BA. Board Member Amuny
seconded the motion. Motion to approve carried 4:0.
2) File 648-BA: Request for a variance to the minimum rear yard building setback from 25' to 10.75'.
Location: 5475 Winfree Street
Applicant: Glenn Collier
Mr. Richardson presented the staff report. Glenn Collier, the property owner, states that he built an
accessory building in 2008 without the necessary building permit. Recently, he applied for an
electrical permit for the building and that is when the City became aware of the building. In order
to get the necessary permits, Mr. Collier must first get a variance to the rear yard building setback.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met.
Thirty-three notices were mailed to property owners within 200 feet. No responses in favor or in
opposition were returned.
2
BOARD OF ADJUSTMENT
August 2, 2012
Slides of the subject property were shown.
Board Member Hilliard opened the public hearing and asked for the applicant's comments.
Glenn Collier, the applicant, addressed the Board.
Board Member Hilliard asked for comments in favor or in opposition. No comments were made.
The public hearing was closed.
Discussion between the Board members followed.
Board Member Amuny made a motion to approve a variance to the minimum rear yard building
setback from 25' to 10.75' at 5475 Winfree Street as requested in File 648-BA. Board Member
Jowers seconded the motion. Motion to approve carried 4:0.
3) File 649-BA: Request for a variance to the minimum exterior side yard building setback from 10' to
6.25'.
Location: 1315 Calder Street
Applicant: Faust Engineering & Surveying, Inc.
Mr. Richardson stated that File 649-BA was withdrawn.
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:38 P.M.