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HomeMy WebLinkAbout5-7-09 BA MinutesC *MINUTES* BOARD OF ADJUSTMENT May 7, 2009 City Council Chambers A meeting of the Board of Adjustment was held on May 7, 2009 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 PIaunty Alternate Member Christy Amuny Board Members absent: Chairperson Pat Avery Vice Chairman Dana Timaeus Board Member Bob Harris Alternate Member Kelli Maness Also present: Steve Richardson, Planning Manager; Tyrone Cooper, City Attorney; Jill Cole, Recording Secretary; Adina Ward, Planner APPROVAL OF MINUTES Board Member Hilliard made a motion to approve the minutes of the March 26, 2009 Special Meeting. Board Member Plaunty seconded the motion. Motion to approve carried 4:0. Board Member Hilliard made a motion to approve the minutes of the Regular Meeting held April 2, 2009. Board Member Amuny seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 589-BA: Request for a variance to the maximum height of a sign from 6' to 12' and a variance to the sign landscaping requirement. Location: 5440 Old Dowlen Road Applicant: Jim Speed Mr. Richardson presented the staff report. The subject request is for a variance to the maximum height requirement for a sign and a variance to the Iandscaping requirement around the sign. BOARD OF ADJUSTMENT l May 7, 2009 Jim Speed, the owner of Speedy Storage, wants to construct an owner identification sign that is 12' in height instead of the required 6'. Mr. Speed states that he has an 8' tall chainlink fence surrounding his property and that fence is built at the property line. Any sign would have to be built behind the fence and a 6' tall sign would not be seen from the street. In addition, the Zoning Ordinance requires the sign to be surrounded by a landscaped setting of not less than 120 sq. ft. Again, Mr. Speed states that the landscaping would not be visible from the street due to the fence. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval of a variance have been met. Ten notices were mailed to property owners within 200 feet. No responses in favor and three in opposition were returned. Slides of the subject property were shown. Board Member Jowers, acting as Chairperson, opened the public hearing and asked for the applicant's comments. Jim Speed, the applicant, addressed the Board. ( Board Member Jowers asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between the Board members. Board Member Amuny made a motion to approve a variance to the maximum height of a sign from 6' to 12' for the property located at 5440 Old Dowlen Road as requested in File 589-BA. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. Board Member Amuny made a motion to approve a variance to the sign landscaping requirement for the property located at 5440 Old Dowlen Road as requested in File 589-BA. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. 2) File 590-BA: Request for a variance to the minimum side yard building setback from 20' to 10.2'. Location: 4305 Calder Applicant: Charlee Hanna -Rule Mr. Richardson presented the staff report. The applicant would Iike to construct a two story 2,300 sq. ft. dance studio. Ms. Hanna -Rule states that parking on the property is at a premium and in an attempt to preserve all of the existing parking spaces, the building will need to be put at this location. An existing building located on the property is 10' from the side property line. 2 BOARD OF ADJUSTMENT May 7, 2009 Ms. Hanna -Rule states that additional parking will be provided on other property that she owns across Calder and Lucas. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval of a variance have been met. Seventeen notices were mailed to property owners within 200 feet. Two responses in opposition and none in favor were returned. Board Member Jowers opened the public hearing and asked for the applicant's comments. Mark Rule and Charlee Hanna -Rule addressed the Board. Board Member Jowers asked for comments in favor or in opposition. Darren Brown addressed the Board on behalf of Wanda Reynard-Howard who lives at 485 29`h Street. Ms. Howard is opposed to the request. Discussion followed between the Board members. ( Justin Streeter addressed the Board in favor of the request. Mr. Streeter is a student at the dance l studio. Larry Gregory addressed the Board in favor of the request. Mr. Gregory is a student at the dance studio. Debbie Bogan addressed the Board in favor of the request. Ms. Bogan's daughter is a student at the dance studio. Dana Ellender addressed the Board in favor of the request. Ms. Ellender's daughter is a student at the dance studio Wanda Reynard Howard, 485 29`1 Street, addressed the Board. D'Juana Ramirez addressed the Board. Ms. Ramirez lives on Calder and West Lucas and her daughter is a student at the dance studio. Jamie Harris addressed the Board in favor of the request. Ms. Harris is an instructor at the studio. Further discussion followed between the Board and applicants. Amelia Villareal with Leap Engineering addressed the Board. 3- BOARD OF ADJUSTMENT May 7, 2009 Mr. Brown addressed the Board regarding the fence on the subject property. The public hearing was closed. Discussion followed between the Board members. Board Member Hilliard made a motion to approve a variance to the minimum side yard building setback from 20' to 10.2' at 4305 Calder as requested in File 590-BA. Board Member Jowers seconded the motion. The motion failed 2:2 (Amuny, Plaunty). 3) File 591-BA: Request for a variance to the rear yard building setback from 15' to 1' and from the side yard setback for a parking lot within the Oaks Historic District from 10' to 4.5' . Location: 1850 Calder Applicant: A-1 Glass Company Mr. Richardson presented the staff report. A-1 Glass would like to construct a new building perpendicular to its existing store front. The new building lines up with the existing one at the rear. The parking lot will encroach into the 10' setback along 2'' Street. A-1 Glass would like to preserve as many of the existing trees as possible. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty-eight 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. Board Member Jowers opened the public hearing and asked for the applicant's comments. Rob Clark with Architectural Alliance addressed the Board. He is the architect for the project. Board Member Jowers asked for comments in favor or in opposition. Greg Green, owner of A-1 Glass, addressed the Board. The public hearing was closed. Discussion followed between Board members. Board Member Amuny made a motion to approve a variance to the rear yard building setback from 15' to P and from the side yard setback for. a parking lot within the Oaks Historic District from 4 C BOARD OF ADJUSTMENT May 7, 2009 10' to 4.5' at 1850 Calder as requested in File 591-BA. Board Member Plaunty seconded the motion. Motion to approve carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:26 P.M. 5