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HomeMy WebLinkAbout11-1-01 BA Minutes*MINUTES* BOARD OF ADJUSTMENT November 1, 2001 City Council Chambers A meeting of the Board of Adjustment was held on November 1, 2001 at 3:00 p.m. with the following members present: Board Member Bob Harms Board Member Mary Jowers Board Member Georgine GuiIlory Alternate Member Joey Hilliard Board Members absent: Board -Member Lamar Roach Board Member Dohn LaBiche Also present: Stephen Richardson, Planning Manager; Murray Duren, Senior Planner; Tyrone Cooper, First Asst. City Attorney; Adina Abshire, Planning Technician and Jill Cole, Recording Secretary APPROVAL OF MINUTES Board Member Jowers made a motion to approve the minutes of the October 4, 2001 Public Hearing. Board Member GuiIlory seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 461-BA: A request for a variance to the 10' landscaping requirement of Chapter 30- 31 (f) to allow a 5' landscape strip along the west property line. 'Location: 1645 Delaware Applicant: Albertha Mahoney BOARD OF ADJUSTMENT November 1, 2001 Mr. Richardson stated that the applicant, Albertha Mahoney, plans to open a day care facility at 1645 Delaware. The subject property is zoned GC -MD (General Commercial - Multiple Family Dwelling) District. The property to the west is zoned RS (Residential Single Family Dwelling) District, therefore an 8' tall screening fence is required as well as a 10' wide landscape strip. There is an existing structure on the subject property. The reason that the applicant can't put in the 10' landscape strip is because the structure, which was built many years ago as a residence, is only 5' off the property line, so she won't be able to install the full 10' strip. She is going to install the 8' tall screening fence. The properties to the north, south and east are zoned GC -MD (General Commercial - Multiple Family Dwelling) District. She isn't required to put in the screening fence and the landscaping on those three sides. The applicant shall have the burden of proof to demonstrate that all three conditions for a variance have been met. Twenty-two notices were mailed to property owners within 200 feet. No responses in opposition or in favor were returned to staff. Board Member Harris opened the public hearing and asked for the applicant's comments. Albertha Mahoney, the applicant, addressed the Board and answered questions. She stated that the structure has been vacant for about 2 years and will be used for the business only. She is leasing the property with an option to buy. The tree in question is not on the subject property. Board Member 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 Jowers made a motion to approve a variance to the 10' landscaping requirement of Chapter 30-31 (f) to allow a 0-5' landscape strip for a day care center at 1645 Delaware as requested in File 461-BA. Board Member Guillory seconded the motion. The vote on the motion follows: 2 130ARD OF ADJUSTMENT November I, 2001 Board Member Harris - For Board Member Jowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to approve the variance as requested in File 461-BA carried 4:0. 2) File 462-BA: A request for a variance to the 5' setback requirement of Chapter 30-21.2 (c) 8 to allow a sign 2' from the street right-of-way and 1' from the side property line in the Oaks Historic District. Location: 2665 Broadway Applicant: Emily M. Coxe Mr. Richardson told the Board that the applicant, Emily Coxe, said that the sign on the property was built 5 or 6 years ago, before the property was in the Oaks Historic District. The south side of the district was created in 1997. The property is zoned GC -MD (General Commercial -Multiple Family Dwelling) District and signs in this district are required to be set back 10' , or at least the support. The applicant shall have the burden of proof to demonstrate that all three conditions for a variance have been met. Twenty-two notices were mailed to property owners within 200 feet. One response in opposition and none in favor were returned to staff. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. Emily Coxe, the applicant, addressed the Board. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member Guillory made a motion to deny a sign setback from 5' to 2' from the street right-of-way and approve a sign setback P from the side property line at 2665 Broadway for File 462-BA. Alternate Member Hilliard seconded the motion. The vote on the motion follows: 3 BOARD OF ADJUSTMENT November 1, 2001 Board Member Harris - For Board Member Jowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to approve the 1' variance from the side property line for File 462-BA carried 4:0. 3) File 463-BA: A request for a variance to the 12 square foot area requirement of Chapter 30-21.2 (c) 8 to allow a sign 16 square feet in area in the Oaks Historic District. Location: 2350 Broadway Applicant: Beaumont Home Health Services, Inc. Mr. Richardson told the Board that Dr. Ruth Constant, the administrator for Beaumont Home Health Services, stated that the sign in question was built in 1990, before the property became part of the Oaks Historic District. The property is zoned RCR (Residential Conservation and Revitalization) and does not exceed the size requirement for that district. When the sign was built it was built in compliance with the zoning requirements of the property. In that district, a 40 square foot sign is allowed. The applicant shall have the burden of proof to demonstrate that all three conditions for a variance have been met. Twenty-one notices were mailed to property owners within 200 feet. No responses in opposition or in favor were returned to staff. Slides of the subject property were shown. Board Member Harris opened the public hearing. A representative from Beaumont Home Health Services, Inc. was present and available for questions. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Alternate Member Hilliard made a motion to approve a variance to the 12 square foot area requirement of Chapter 30-21.2 (c) 8 to allow a sign 16 square feet in area at 2350 Broadway as requested in File 463-BA. Board Member Guillory seconded the motion. The vote on the motion follows: 4 BOARD OF ADJUSTMENT November 1, 2001 Board Member Harris - For Board Member Jowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to approve carried 4:0. 4) File 464-BA: A request for variances to the 6' height requirement and the 12 square foot area requirement of Chapter 30-21.2 (c) 8, to allow a sign 7' tall and 24 square feet in area in the Oaks Historic District. Location: 2110 Liberty Applicant: Calvary Baptist Church Mr. Richardson told the Board that the applicant, Calvary Baptist Church, owns and operates Good Samaritan Temple at this location. There are two identical signs, one on each street frontage. What the applicant is proposing to do is to remove one of those signs and move the other sign to the corner and place it at a diagonal so it can be seen from both streets. They plan to set it back the proper distance of 5' from the property lines, but they would like to use one of the existing signs, therefore requiring a variance to the 6' height requirement and to the 12 square foot area requirement, because the signs are 7' in height and 24 square feet in size. Twenty-one notices were mailed to property owners within 200 feet. No responses in opposition or in favor were returned to staff. The applicant shall have the burden of proof to demonstrate that all three conditions for a variance have been met. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. No one from the church was present. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between Board members. 5 BOARD OF ADJUSTMENT November 1, 2001 Alternate Member Hilliard made a motion to deny the request for variances to the 6' height requirement and the 12 square foot area requirement of Chapter 30-21.2 (c) 8, to allow a sign 7' tall and 24 square feet in area at 2110 Liberty as requested in File 464-BA. There was no second to the motion, therefore, the motion to deny died. Board Member Guillory made a motion 'to approve the request for variances to the 6' height requirement and the 12 square foot area requirement of Chapter 30-21.2 (c) 8, to allow a sign 7' tall and 24 square feet in area at 2110 Liberty as requested in File 464-BA. There was no second to the motion, therefore, the motion to approve died. The request for variances to the 6' height requirement and the 12 square foot area requirement of Chapter 30-21.2 (c) 8, to allow a sign 7' tall and 24 square feet in area at 2110 Liberty as requested in File 464-BA failed to pass. 5) File 466-BA: A request for a variance to the 2-112' side yard requirement of Chapter 30-25 (c) to allow a 0" side yard in an RS (Residential Single Family Dwelling) District. Location: 2461 Rusk Applicant: Frances Baker Mr. Richardson stated that the applicant, Frances Baker, is requesting a variance so that she can use the existing slab and line up the carport with the existing driveway. There was a garage that was built on the property line years ago. It had deteriorated to the point that she needed to tear it down. She got a permit to demolish the garage and built this new carport in its place. She also has a permit to build a garage in the back yard, but the garage itself will meet all the setback requirements. The applicant shall have the burden of proof to demonstrate that all three conditions for a variance have been met. Twenty-one notices were mailed to property owners within 200 feet. No responses in opposition or in favor were returned to staff. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. Lee Fitch of Custom Building and Remodeling, the general contractor hired by Ms. Baker, addressed the Board and distributed some pictures. Con 1 BOARD OF ADJUSTMENT November 1, 2001 Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between Board members. Board Member Guillory made a motion 'to approve a variance to the 2-112' side yard requirement of Chapter 30-25 (c) to allow a 0" side yard in an RS District at 2461 Rusk as requested in File 466-BA. Alternate Member Hilliard seconded the motion. The vote on the motion follows: Board Member Harris - For Board Member Jowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to approve carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 3:58 P. M. hl