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HomeMy WebLinkAbout8-2-07 BA Minutes*MINUTES* BOARD OF ADJUSTMENT August 2, 2007 City Council Chambers A meeting of the Board of Adjustment was held on August 2, 2007 and called to order at 3:00 p.m. with the following members present: Chairman Bob Harris Vice Chairman Dana Timaeus Board Member Joey Hilliard Alternate Member Kelli Maness Board Members absent: Board Member Mary Jowers Board Member Pat Avery Also present: Steve Richardson, Planning Manager; Adina Ward, Planner; Jill Cole, Recording Secretary APPROVAL OF MINUTES Vice -Chairman Timaeus made a motion to approve the minutes of the July 5, 2007 Meeting. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 557-BA: Request for a variance to the minimum front yard building setback from 20' to 12' . Location: Fair Park, southwest corner of proposed Maime and Jirou Applicant: Carleton Development Mr. Richardson presented the staff report. The subject property is located on the former Fair Park property. The Beaumont Housing Authority is building an apartment complex at the said location. As part of this development, a management/community center is going to be built at the southwest corner of future extensions of Maime and Jirou Streets. BOARD OF ADJUSTMENT August 2, 2007 The architect states that because of the possible extension of Jirou, 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. 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. Andre' Lewis with the Beaumont Housing Authority addressed the Board and answered questions. Cleveland Como with the Beaumont Housing Authority also addressed the Board. Chairman Harris 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 Hilliard made a motion to approve a variance to the minimum front yard building setback from 20' to 12' for the property located at the former Fair Park, southwest corner of proposed Maime and Jirou as requested in File 557-BA. Board Member Maness seconded the motion. Motion to approve carried 4:0. 2) File 558-BA: Request for a variance to the minimum side yard building setback from 7.5' to 5' . Location: 1043 Vermont Applicant: L & F Homes Mr. Richardson stated that this item was postponed by the applicant. 3) File 559-BA: Request for variances to the minimum side yard building setbacks from 10' to 5' and from 7.5' to 5' . Location: 1103 Iowa Applicant: L & F Homes Mr. Richardson stated that this item was postponed by the applicant. 2 BOARD OF ADJUSTMENT August 2, 2007 4) File 560-BA: Request for variances to the minimum front yard building setback from 20' to 9.78' and to the minimum side yard building setback from 20' to 4.9' . Location: 980 N. M.L.K. Parkway Applicant: M & B Investments, L. P. Mr. Richardson presented the staff report. On July 24, City Council approved an amended specific use permit to allow the construction of an additional 5,000 sq. ft. to the existing heating and air conditioning business located on the subject property. The specific use permit was conditioned upon the new building being reduced in size to meet the setback requirements or be granted variances to the building setbacks. The existing building was constructed under an approved specific use permit in 1997. Along Long Avenue the original building setback was approved at 10 feet. Mr. Kothawala states that he would like to continue the existing setback along Long Avenue. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty-seven notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. Chairman Harris opened the public hearing and asked for the applicant's comments. Mr. M. O. Kothawala, the applicant, addressed the Board. Discussion followed between Mr. Kothawala and the Board. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Vice -Chairman Timaeus made a motion to approve a variance to the minimum front yard building setback from 20' to 9.78' at 980 N. M.L.K. Parkway as requested in File 560-BA. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. Vice -Chairman Timaeus made a motion to table a variance to the minimum side yard building setback from 20' to 4.9' at 980 N. M.L.K. Parkway as requested in File 560-BA. Board Member Hilliard seconded the motion. Motion to table carried 4:0. Vice -Chairman Timaeus requested that the applicant obtain the thoughts on the request from the adjacent property owner on the east side of the subject property. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:02 P. M. 3