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HomeMy WebLinkAbout7-5-07 BA Minutes*MINUTES* BOARD OF ADJUSTMENT July 5, 2007 City Council Chambers A meeting of the Board of Adjustment was held on July 5, 2007 and called to order at 3:00 p.m. with the following members present: Chairman Bob Harris Vice Chairman Mary Jowers Board Member Pat Avery Board Member Dana Timaeus Board Member Joey Hilliard Board Members absent: Alternate Member Kelli Maness Also present: Adina Ward, Planner; Jill Cole, Recording Secretary; Chris Boone, Development Services Manager; Tyrone Cooper, City Attorney ` APPROVAL OF MINUTES Vice -Chairman Jowers made a motion to approve the minutes of the March 1, 2007 Meeting. Board Member Avery seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 554-BA: Request for variances to the minimum front yard setback from 20' to 4.8' and to the minimum rear yard setback from 15' to 5.4' . Location: 250 S. Dowlen Road Applicant: Access Self Storage Ms. Ward presented the staff report. The subject property is to be sold and the purpose of the variance requests is to clear up any encroachments. The property was developed in two phases. Specific use permits with similar building layouts were approved by City Council in both instances. Building permits were approved according to the specific use permits. The most easterly building was developed in 2002. In 2004, the other four buildings were built. BOARD OF ADJUSTMENT July 5, 2007 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. Slides of the subject property were shown. Chairman Harris opened the public hearing and asked for the applicant's comments. Jennifer Turner with Orgain, Bell and Tucker, L.L.P. addressed the Board and answered questions on behalf of Access Self Storage. Chairman Harris asked for continents in favor or in opposition. No comments were made. The public hearing was closed. Discussion between the Board members followed. Board Member Hilliard made a motion to approve variances to the minimum front yard setback from 20' to 4.8' and to the minimum rear yard setback from 15' to 5.4' at 250 S. DowIen Road as requested in File 554-BA. Vice -Chairman Jowers seconded the motion. Motion to approve carried 5:0. 2) File 556-BA: Request for a variance to the minimum rear yard building setback from 15' to 10' . Location: 3655 Highland Applicant: Kingdom Connection Outreach Church Ms. Ward presented the staff report. The requested variance is for a proposed structure. There is an older building on the subject property that is right on the rear property line. The applicant wants to construct a new structure on the vacant Iot next to the existing structure. When the plans were submitted, the City was aware that it would be too close to the property line even though the alley was abandoned. She was asking to match the existing structure. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Thirty-five 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. Chairman Harris opened the public hearing and asked for the applicant's comments. Rosetta Jones, Pastor of Kingdom Connection Outreach Church, addressed the Board. 2 BOARD OF ADJUSTMENT July 5, 2007 Chairman Harris 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 Jowers made a motion to approve a variance to the minimum rear yard building setback from 15' to 10' for the property at 3655 Highland as requested in File 556-BA. Commissioner Avery seconded the motion. Motion to approve carried 5:0. 3) File 557-BA: Request for a variance to the minimum front yard building setback from 20' to 12'. Location: Fair Park Applicant: Carleton Development Ms. Ward presented the staff report. The Beaumont Housing Authority is building an apartment complex on former Fair Park property. As part of this development, a management office/community center is going to be built at the southwest corner of future extensions of Maime and Jirou Streets. The architect states that because of the possible extension of Jirou Street, lot size and configuration will dictate that in order for the building to meet the community and owner program requirements, it will need to encroach 8' into the front yard setback. The architect states that accommodating for the future extension of Jirou now will provide for greater flexibility, better public access and more efficient master planning and development in the future. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Fifty-four notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Chairman Harris opened the public hearing and asked for the applicant's comments. The applicant was not present. Chairman Harris asked for comments in favor or in opposition. Dorothy Collins, 1965 Glasshouse, addressed the Board and asked how the request would affect her property. Discussion followed between the Board members regarding the deferral of the request. 3 BOARD OF ADJUSTMENT July 5, 2007 Vice -Chairman Jowers made a motion to table the request for a variance to the minimum front yard building setback from 20' to 12' at Fair Parr as requested in File 557-BA until the applicant can be present. Board Member Avery seconded the motion. Motion to table the requested carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS. THE MEETING WAS ADJOURNED AT 3:31 P. M.