HomeMy WebLinkAbout9-7-06 BA Minutes*MINUTES*
BOARD OF ADJUSTMENT
September 7, 2006
City Council Chambers
A meeting of the Board of Adjustment was held on September 7, 2006 and called to order at 3:27 p.m.
with the following members present:
Vice Chairman Mary Jowers
Board Member Pat Avery
Board Member Dana Timaeus
Board Member Joey Hilliard
AIternate Member Kelli Maness
Board Members absent: Chairman Bob Harris
Alternate Member Sam Pullig
Also present: Steve Richardson, Planning Manager; Adina Abshire, Planner; Jill Cole,
Recording Secretary; Tyrone Cooper, City Attorney
APPROVAL OF MINUTES
Board Member Avery made a motion to approve the minutes of the August 3, 2006 Meeting. Board
Member Maness seconded the motion. Motion to approve carried 4:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 543-BA: Request for variances to the landscaping and screening requirements to delete the
required 10' wide landscape strip and the S' high opaque fence required for multi -family
developments next to an RS (Residential Single Family Dwelling) District.
Location: 1650 Cornerstone Court
Applicant: Kelley Family Investments, Ltd.
(Board Member Hilliard arrived.)
Mr. Richardson presented the staff report. This item is a request for a variance to the landscaping
and screening requirements in order to delete the required 10' wide landscape strip and the S' high
opaque fence required along the west property line.
BOARD OF ADJUSTMENT
September 7, 2006
Kelley Family Investments plans to build a 192 unit apartment complex at 1650 Cornerstone Court.
The west side of the property abuts property that belongs to DD#6 and is zoned RS. DD#6'5
property is used as a retention pond and The Meadows Soccer Complex.
The Zoning Ordinance states that when a multi -family use is established adjacent to RS zoning, an
8' tall opaque fence and a 10' wide landscape strip shall be installed. The applicant states that the
regulations would require them to install trees every 25' and a solid fence along the entire 1,135'
length of the west property line. Trees and a fence would be required adjacent to property that is
used as a retention pond that will never be developed for residential purposes.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
the approval of a variance have been met.
Twenty notices were mailed to property owners within 200 feet of the subject property. Two
responses in favor and none in opposition were returned.
Slides of the subject property were shown.
Vice Chairman Jowers, acting as Chairperson, opened the public hearing and asked for the
{ applicant's comments.
Kelly Kelley, the applicant, addressed the Board and distributed some photos of the subject
property. He stated that he thought the Board may be under the impression that the DD#6
retention pond held water all the time, but it does not. When it is not holding water, it is actually
used as a recreation area.
Discussion followed between the applicant and the Board.
Vice Chairman Jowers 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 Avery made a motion to deny a variance to delete the requirement to provide a 10'
wide landscape strip and approve a variance to delete the requirement to provide an 8' taIl opaque
screening fence along the west property line for an apartment complex at 1650 Cornerstone Court
as requested in File 543-BA, Board Member Hilliard seconded the motion. Motion carried 4:0:1
(Timaeus).
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:51 P. M.
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