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HomeMy WebLinkAbout11-6-08 BA Minutest *MINUTES* BOARD OF ADJUSTMENT November 6, 2008 City Council Chambers A meeting of the Board of Adjustment was held on November 6, 2008 and called to order at 3:30 p.m. with the following members present: Chairperson Pat Avery Vice Chairman Dana Timaeus Board Member Bob Harris Alternate Member Kelli Maness Board Members absent: Board Member Joey Hilliard Board Member Mary Jowers Also present: Steve Richardson, Planning Manager; Tyrone Cooper, City Attorney; Jill Cole, Recording Secretary; Adina Ward, PIanner APPROVAL OF MINUTES Board Member Harris made a motion to approve the minutes of the August 7, 2008 Regular Meeting. Board Member Maness seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 579-BA: Request for a variance to the minimum side yard setback from 7.5' to 3' . Location: 5010 Eaheart Circle Applicant: Wolfrom Homes, Inc. Mr. Richardson presented the staff report. The property owner would like to add a second story to the existing detached garage. In addition, the existing breezeway will be enclosed. The garage is currently 3' at its closest point to the side property line. The Zoning Ordinance requires that two story structures be set back from a side property line a minimum of 7.5' . The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. BOARD OF ADJUSTMENT November 6, 2008 Twenty-four notices were mailed to property owners within 200 feet. Three notices in favor and none in opposition were returned. Slides of the subject property were shown. The applicant shall have the burden to demonstrate that all three conditions necessary for approval have been met. Chairperson Avery opened the public hearing and asked for the applicant's comments. The applicant, Stan Wolfrom, was not present. Chairperson Avery 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 Harris made a motion to approve a variance to the minimum side yard setback from 7.5' to 3' at 5010 Eaheart Circle as requested in File 579-13A. No second the motion was made. Board Member Harris withdrew his motion. Board Member Harris made a motion to deny a variance to the minimum side yard setback from 7.5' to 3' at 5010 Eaheart Circle as requested in File 579-BA. Motion failed for lack of a second. Board Member Maness made a motion to table a variance to the minimum side yard setback from 7.5' to 3' at 5010 Eaheart Circle as requested in File 579-BA. Board Member Timaeus seconded the motion. Motion to table carried 4:0. 2) File 580-BA: Request for variances to the minimum side yard building setback from 5' to F and to the minimum rear yard building setback from 10' to 1' 4". Location: 1527 Laurel Applicant: Kenneth Jenkins Mr. Richardson presented the staff report. Kenneth Jenkins states that Hurricane Ike destroyed a large portion of his building. Since the reconstructed building would need to meet wind codes, he demolished what was left of the existing building. He decided that a totally new building built on the existing slab would look nicer and be more cost effective. Mr. Jenkins states that the building was built prior to the current Zoning Ordinance. To meet the current zoning requirements would require that parts of the existing slab be demolished and be moved almost 9' to the north. 2 BOARD OF ADJUSTMENT November 6, 2008 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. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairperson Avery opened the public hearing and asked for the applicant's comments. Kenneth Jenkins, the applicant, addressed the Board. Chairperson Avery 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 Timaeus made a motion to approve variances to the minimum side yard building setback from 5' to 1' and to the minimum rear yard building setback from 10' to 1' 4" at 1527 Laurel as requested in File 580-BA. Board Member Harris seconded the motion. Motion to approve carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:50 P.M. 3