Loading...
HomeMy WebLinkAbout12-6-01 BA Minutes*MINUTES* BOARD OF ADJUSTMENT December 6, 2001 City Council Chambers A meeting of the Board of Adjustment was held on December 6, 2001 at 3:00 p.m. with the following members present: Board Member Bob Harris Board Member Lamar Roach Board Member Dohn LaBiche Alternate Member Joey Hilliard Board Members absent: Board Member Mary Jowers Board Member Georgine Guillory Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Asst. Citv Attornev: Jill Cole. Recordina Secretarv; Adina Abshire, Planning Technician and Cheryl Robinson, Senior Planner APPROVAL OF MINUTES Board Member Roach made a motion to approve the minutes of the November 1, 2001 Public Hearing. Alternate Member Hilliard seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 465-BA: A request for variances to the 6' height requirement, the 5' setback requirement and the 12 square foot area requirement of Chapter 30-21.2 (c) 8 to allow a sign 10' tall, 3.6' and 2.41' setbacks and 16.5 square foot in area in an RCR (Residential Conservation and Revitalization) District. Location: 2121 McFaddin Applicant: Glenn Watz BOARD OF ADJUSTMENT December 6, 2001 Mr. Richardson told the Board that the subject sign is located in the Oaks Historic District at 2121 McFaddin. This is the Green Beanery property. The amortization period for nonconforming signs has expired and so Glenn Watz, the owner, is requesting these variances. There is one owner identification sign on the west side of the property identifying the restaurant and shops on the subject property and was in existence prior to the adoption of the ordinance. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twelve notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned to staff. Board Member Harris opened the public hearing and asked for the applicant's comments. Glenn Watz, the property owner, addressed the Board and asked for their favorable consideration. Board Member Harris asked for comments in favor or in opposition. David Bradley, owner of the apartment complex located across the street from the subject property, addressed the Board in favor of the request. The public hearing was closed. Discussion between the Board members followed. Board Member LaBiche made a motion to approve variances to the 6' height requirement, the 5' setback requirement and the 12 square foot area requirement of Chapter 30-21.2 (c) 8 to allow a sign 10' tall, 3.6' and 2.41' setbacks and 16.5 square foot in area in an RCR District at 2121 McFaddin as requested in File 465-BA. Alternate Member Hilliard seconded the motion. The vote on the motion follows: Board Member Harris - For Board Member LaBiche - For Board Member Roach - For Alternate Member Hilliard - For 2 1 HOARD OF ADJUSTMENT December 6, 2001 The motion to approve the variances as requested in File 465-BA carried 4:0. 2) File 467-BA: A request for a variance to the 5' side yard setback requirement of Chapter 30-25 (c) to allow a 3' side yard in an RCR (Residential Conservation and Revitalization) District. Location: 2240 Laurel Applicant: Don LaFleur Houses and Construction Company Mr. Richardson told the Board that the applicant is requesting a 2' variance to the side yard building setback for a house to be constructed on the subject property. This property is located in the Oaks Historic District and the house went before the Historic Landmark Commission on November 12 for a Certificate of Appropriateness. The Historic Commission voted to approve the Certificate of Appropriateness subject to the Board of Adjustment granting a variance to the side yard setback on the west side. The original site plan showed an 8' 6" setback on the east side and a 5' setback on the west side. A driveway was planned for the front yard. Due to problems of parking in the front yards of properties in the Historic District, the Historic Commission required that the ririvPxvav hP PYtended along the east side of the house. This would require that the house be moved 2' to the west. The house to the west is located approximately 9' 6" from the property line. The applicant shall have the burden of proof to demonstrate that all three conditions for a variance have been met. Twenty-nine 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. Mr. Richardson answered questions from Board members. Board Member Harris opened the public hearing and asked for the applicant's continents. Joshua Harris, Construction Manager for LaFleur Homes, the applicant, addressed the Board. 3 BOARD OF ADJUSTMENT December G, 2001 Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between Board members followed. Alternate Member Hilliard made a motion to approve a variance to the 5' side yard setback requirement of Chapter 30-25 (c) to allow a 3' side yard at 2240 Laurel as requested in File 467-BA. Board Member LaBiche seconded the motion. The vote on the motion follows: Board Member Harris - For Board Member LaBiche - For Board Member Roach - For Alternate Member Hilliard - For The motion to approve the variance as requested in File 467-BA carried 4:0. OTHER BUSINESS EXECUTIVE SESSION THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:40 P. M. 4