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HomeMy WebLinkAbout7-1-10 BA Minutes*MINUTES* BOARD OF ADJUSTMENT July 1, 2010 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on July 1, 2010 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Bob Harris Board Member Joey Hilliard Board Member Mary Jowers Alternate Member Christy Amuny Alternate Member Christopher Plaunty Board Members absent: Vice -Chairman Pat Avery Alternate Member Kelli Maness Also present: 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 May 6, 2010. Board Member Jowers seconded the motion. Motion to approve carried 6:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 609-BA: Request for a variance to the minimum rear yard building setback from 25' to 2' 4". Location: 1020 Lindbergh Applicant: Bo -Mac Contractors, Ltd. Ms. Ward presented the staff report. Bo -Mac wishes to install a wash rack in its equipment yard. The wash rack will be constructed on an existing slab, enclosed on three sides and roofed. The wash rack will be built in -line with an existing building, which Bo -Mac states was built prior to the existing Zoning Ordinance's requirement of a 25' building setback. That building is located 2'4" from the property line. Bo -Mac states that constructing the wash rack in -line with the existing building will not adversely affect the area directly behind the property and it will allow maximum yard space in the front of the wash rack for the maneuvering of large pieces of equipment. Directly behind the subject property is a DD#6 drainage facility approximately 200' in width. BOARD OF ADJUSTMENT July 1, 2010 The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty-three notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Jeff Hall, Project Manager for Bo -Mac, addressed the Board. Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between Board members. Board Member Hilliard made a motion to approve a variance to the minimum rear yard building setback from 25' to TV at 1020 Lindbergh as requested in File 609-BA, Board Member Harris seconded the motion. Motion to approve carried 5:0. (Board Member Plaunty did not vote.) 2) File 610-BA: Request for a variance to the maximum sign size from 12 square feet to 3 8 square feet. Location: 345 N. 10`h Street Applicant: Rocky Lawdermilk Ms. Ward presented the staff report. Mr. Lawdermilk recently purchased the former Junior Forum building and wishes to use it for his and others office space. The property is zoned GC -MD but is located within the Oaks Historic District. The Historic District regulations stipulate that a detached owner identification sign cannot exceed 12 sq. ft. in area. A sign for a property in the GC -MD District, but outside the Oaks Historic District, has no size limitations. Mr. Lawdermilk states that there will be four different firms that will office in his building and to adhere to the 12 sq. ft. size would make the sign ineligible. According to the Historic District regulations, only one sign is permitted on the property. The sign will be built with the same brick as on the building so as to compliment the structure. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Thirty notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. BOARD OF ADJUSTMENT July 1, 2010 Chairman Timaeus opened the public hearing and asked for the applicant's comments. Nick Lampson addressed the Board on behalf of Rocky LawdermiIk, the applicant. Mr. Lampson will also have an office in the subject building. Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between Board members. Board Member Harris made a motion to approve a variance to the maximum sign size from 12 square feet to 38 square feet at 345 N. 10h Street as requested in File 610-BA. Board Member Hilliard seconded the motion. Motion to approve carried 5:0. (Board Member Plaunty did not vote.) OTHER BUSINESS THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 3:23 P.M.