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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.