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HomeMy WebLinkAbout11-1-07 BA Minutesa l *MINUTES* BOARD OF ADJUSTMENT November 1, 2007 City Council Chambers A meeting of the Board of Adjustment was held on November 1, 2007 and called to order at 3:00 p.m. with the following members present: Chairperson Pat Avery Vice Chairman Dana Timaeus Board Member Bob Harris Board Member Joey Hilliard Board Member Mary Jowers Board Members absent: Alternate Member Kelli Maness Also present: Steve Richardson, Planning Manager; Adina Ward, Planner; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney APPROVAL OF MINUTES Board Member Jowers made a motion to approve the minutes of the September 6, 2007 Meeting. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1} File 561-BA: Request for variances to the maximum sign area from 12 sq. ft. to 56 sq. ft. and to the maximum sign height from 6' to 12' . Location: 2330 North Street Applicant: Thom Campbell-Amons, Principal Mr. Richardson presented the staff report. Thom Campbell-Amons, the Principal of the Taylor Career Center, has applied for variances to the maximum sign area and height. The property is located at 2330 North. The Taylor Career Center is located within the Oaks Historic District. As such, there are stricter sign controls than would normally be required for institutional uses in an RCR District. Outside the Historic District, a sign in an RCR District that is 50 sq. ft. in area and 15' in height would be BOARD OF ADJUSTMENT November L 2007 permitted. Mr. Campbell -Anions states that the marquee sign will be used to help improve communication with the students, parents, teachers and community. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Fifty-eight notices were mailed to property owners within 200 feet of the subject property. One response in favor and two in opposition were returned. Slides of the subject property were shown. Chairperson Avery opened the public hearing and asked for the applicant's comments. Thom Campbell-Amons, Principal of Taylor Career Center, addressed the Board. Chairperson Avery asked for comments in favor or in opposition. No continents were made. The public hearing was closed. Board Member Harris made a motion to approve variances to the maximum sign area from 12 sq. ft. to 56 sq. ft. and to the maximum sign height from 6' to 12' for the sign at 2330 North Street as requested in File 561-BA. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. 2) File 562-BA: Request for a variance to the minimum side yard setback from 20' to 10'. Location: 8391 College Applicant: William Rios, Hermes Architects Mr. Richardson presented the staff report. The 3,700 sq. ft. carwash is part of a 6,100 sq. ft. Speedy Stop Foodstore that is being constructed at the southeast corner of College and Major. A portion of the east property line abuts RS zoning, thereby requiring a 20' minimum side yard. The applicant states that while it may be possible to relocate the carwash by the 10' margin, it would reduce the distance between the fueling station and curb, thereby creating congestion and the potential for vehicular and pedestrian accidents. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Seventeen notices were mailed to property owners within 200 feet of the subject property. One response in favor and one response in opposition were returned. Slides of the subject property were shown. PA BOARD OF ADJUSTMENT November 1, 2007 (Board Member Timaeus arrived.) Chairperson Avery opened the public hearing and asked for the applicant's comments. William Rios, the applicant, addressed the Board and answered questions regarding the fencing. Chairperson Avery asked for comments in favor or in opposition. Charles Grogan, 980 Avalon, addressed the Board in opposition to the request. Mr. Grogan owns the property adjacent to the subject property and expressed concerns of increasing traffic, trash and vagrants. Mr. Robert Muir of C. L. Thompson, Inc., the owner of the store, addressed the Board and stated that he would give Mr. Grogan the local contact of the store so that he may call them directly with any complaints he may have. Tiffany Grogan, 980 Avalon, addressed the Board with concerns of increasing traffic and the safety of her children. The public hearing was closed. Board Member Harris made a motion to deny a variance to the minimum side yard setback from 20' to 10' for the property at 8391 College as requested in File 562-BA. Board Member Hilliard seconded the motion. Motion to deny carried 5:0. 3) File 563-BA: Request for a variance to the minimum rear yard building setback from 15' to 5'. Location: 5980 Rankin Applicant: Walter Voigtman Mr. Richardson stated that this request had been withdrawn. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:25 P. M. 3