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HomeMy WebLinkAbout12-1-11 BA MinutesM1[NUTES* BOARD OF ADJUSTMENT December 1, 2011 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on December 1, 2011 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Bob Harris Board Member Mary Jowers Board Member Joey Hilliard Alternate Member Kelli Maness Alternate Member Christopher Plaunty Alternate Member Christy Amuny Board Members absent: Vice -Chairman Pat Avery Also present: Steve Richardson, Planning Manager; Adina Ward, Planner; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney APPROVAL OF MINUTES Board Member Harris made a motion to approve the minutes of the Regular Meeting held November 3, 2011. Board Member Jowers seconded the motion. Motion to approve carried 5:0. Board Member Maness made a motion to approve the minutes of the Special Meeting held November 14, 2011. Board Member flaunty seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 634-BA: Request for a variance to the minimum side yard building setback from 15'to 5'. Location: 7102 Phelan Applicant: Scott Gittinger/Thomas Williamson Mr. Richardson presented the staff report. Scott Gittinger and Thomas Williamson would like to construct a 3,000 sq. ft. building and related parking on the subject property. The building will house a mortgage company and beauty shop. Some of the parking will be located at the rear of the property. A 20' S" driveway will be located along the east property line. In order to have adequate room for the driveway, the building needs to be moved I O' to the west. BOARD OF ADJUSTMENT December 1, 2011 The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Fourteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Scott Gittinger, the applicant, addressed the Board. Chairman Timaeus asked for comments in favor or in opposition. William Nantz addressed the Board in opposition to the request. He owns property immediately to the west of the subject property. Rebuttal by Mr. Gittinger. Chairman Timaeus closed'the public hearing. Discussion followed between the Board members. Board Member Harris made a motion to approve a variance to the minimum side yard building setback from 15'to Tat 7102 Phelan as requested in File 634-BA.. Board Member Jowers seconded the motion. Motion to approve carried 5 (Timaeus, Harris, Jowers, Maness, Plaunty):0. 2) File 636-BA: Request for a variance to the minimum setback for a detached owner identification sign from 10' to 1'. Location: 1050 JH-10 South Applicant: Beaumont Chevron Mr. Richardson presented the staff report. The request was considered by the Board of Adjustment on November 3'. At that meeting, a motion to approve failed by a vote of 3:2:1. Alternate Member Maness abstained thinking she had a conflict of interest. After speaking with the City Attorney, it was determined that she did not have a conflict of interest and if she had voted, the outcome on 636- BA would have been different. On November 14t'1, the Board of Adjustment voted to allow 636-BA to be reheard. Kevin Akhani, the property owner, states that the existing high rise sign is not visible to traffic along College and 1H-10 due to the canopy blocking the sign. Mr. Akhani contends that due to lot size, he doesn't have enough space to put a sign that will meet the 10' setback and still be seen from the adjacent streets. 2 r , BOARD OF ADJUSTMENT December 1, 2011 The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Ten notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Timacus opened the public hearing and asked for the applicant's comments. Kevin Akhani, the applicant, addressed the Board. (Board Member Hilliard arrived.) Chairman Timaeus asked for comments in favor or opposition. No comments were made. The public hearing was closed. Discussion followed between the Board members. Board Member Harris made a motion -to deny a variance to the minimum setback for a detached owner identification sign from 10' to Fat 1050 IH-10 South as requested in File 636-BA. Chairman Timaeus seconded the motion. Motion to deny failed 2 (Timaeus, Harris).-3 (Jowers, Maness, Plaunty). The request was not approved because it did not receive four favorable votes. 3) File 638-BA: Request for a variance to the maximum area of a detached owner identification sign from 40 sq. ft. to 69 sq. ft. and to the maximum area of attached owner identification signs from 40 sq. ft. to 73.78 sq. ft. Location: 3270 Avenue A Applicant: Dandy Sign Inc. Mr. Richardson told the Board that the applicant called and was unable to attend the meeting. Mr. Richardson presented the staff report. Family Dollar is relocating its existing store to a new location in the Stadium Shopping Center. The store would like to utilize an existing pole sign formerly used by CVS Pharmacy. The property is zoned NC so a maximum of 40 sq. ft. is allowed. Family Dollar would also like to increase the size of its attached owner identification signs on the storefront from a maximum allowed square footage of 40 sq. ft. to 73.78 sq. ft. The applicant states that the proposed signs would allow better visibility for potential customers traveling along Ave. A as well as for patrons of the shopping center. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Eighty-one notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. 3 BOARD OF ADJUSTMENT December 1, 2011 Slides of the subject property were shown. Discussion followed between the Board and Mr. Richardson. Board Member Harris made a motion to table File 639-BA until the applicant could attend. Board Member Jowers seconded the motion. Motion to table carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:07 P.M. in