HomeMy WebLinkAbout8-6-20 BA Minutes
* M I N U T E S *
BOARD OF ADJUSTMENT
August 6, 2020
City Hall, 801 Main Street
A meeting of the Board of Adjustment was held on August 6, 2020 and called to order at 3:16 p.m.
with the following members present:
Acting Chairman Jeff Beaver
Board Member Joey Hilliard
Board Member Tom Rowe
Board Member Lee Smith
Board Members absent: Chairman Dana Timaeus
Alternate Board Member Christy Amuny
Also present: Katrina Purcell, Planner I
Adina Josey, Senior Planner
Tyrone Cooper, City Attorney
Catherine Allen, Recording Secretary
APPROVAL OF MINUTES
Board Member Smith moved to approve the minutes for June 18, 2020. Board Member
Hilliard seconded the motion. The motion to approve the minutes carried 4:0.
Acting Chairman Beaver informed the applicant, Albert Leblanc, that with only four (4) members
present, an approval would require a unanimous vote. He explained Mr. Leblanc’s options of
continuing the meeting with the members present or postponing to a future meeting. Mr. Leblanc
chose to continue with the meeting.
SWEARING IN OF WITNESSES
All witnesses were sworn in at 3:17 p.m.
PUBLIC HEARING
1) File 757-BA: Consider a request to allow a Variance to the minimum rear yard setback from
25 feet to 4 feet and the minimum exterior side yard setback from 10 feet to 5 feet.
Applicant: Albert LeBlanc
Location: 2250 Angelina Street
BOARD OF ADJUSTMENT
August 6, 2020
Mrs. Purcell presented the staff report. Albert LeBlanc is requesting a Variance to the rear setback and
the exterior side setback for the property located at 2250 Angelina Street. The property is zoned RM-
H (Residential Multiple Family Dwelling - Highest Density) and therefore requires a 25 foot rear
setback and a 10 foot exterior side setback.
Minimum lot size for RM-H districts is 50 feet by 100 feet. The subject property lot size is
approximately 50 foot by 80 foot, as it is irregularly shaped, as shown in the slide show. The applicant
states that in order to build the house he needs for his family, a Variance to the minimum yard setbacks
is required because of the lot size. This property is also located in The Oaks Historic District. The
applicant previously applied for permission to build a house here and was approved.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met:
A) That the granting of the variance will not be contrary to the public interest;
B) That literal enforcement of the ordinance will result in unnecessary hardship because of
exceptional narrowness, shallowness, shape topography or other extraordinary or
exceptional physical situation or hardship physical condition unique to the specific piece of
property in question. “Unnecessary hardship” shall mean physical hardship relating to the
property itself as distinguished from a hardship relating to convenience, financial
considerations or caprice, and the hardship must not result from the applicant or owner’s
actions; and
C) That by granting the variance, the spirit of the ordinance will be observed and substantial
justice will be done.
Slides of the subject property, site plan, and surrounding neighborhood were shown. Fifteen (15)
notices were mailed to property owners within two hundred (200) feet of the subject property. One
response was received in favor and no responses were received in opposition.
Discussion followed to clarify the dimensions on the site plan.
The applicant, Albert Leblanc, addressed the board. Mr. Leblanc provided additional property owner
notice responses, given to him by his neighbors. He provided an additional three (3) responses in favor
of the request, thus bringing the total of favorable responses to four (4).
Discussion followed between the applicant, the Board, and staff concerning the dimensions of the
proposed home and patio and the City ordinances concerning patios. Board Member Smith
complimented the applicant for trying to further improvements in the neighborhood and for his family.
Further discussion followed regarding concerns about the visibility of the proposed home from the
intersection and possible driving safety issues. It was noted that a standard front setback should help
with the visibility.
The public hearing was opened and closed without comment.
2
BOARD OF ADJUSTMENT
August 6, 2020
Board Member Hilliard moved to approve the request allowing a Variance to the minimum rear yard
setback from 25 feet to 4 feet and the minimum exterior side yard setback from 10 feet to 5 feet, as
requested in File 757-BA. Board Member Smith seconded the motion. A roll call vote was taken.
Acting Chairman Beaver-Aye, Board Member Hilliard-Aye, Board Member Rowe-Aye, Board
Member Smith-Aye. The motion to approve carried 4:0.
OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:31 p.m.
3