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HomeMy WebLinkAbout7-5-01 BA MinutesJ *MINUTES` BOARD OF ADJUSTMENT July 5, 2001 City Council Chambers A meeting of the Board of Adjustment was held on July 5, 2001 at 3:00 p.m. with the following members present: Board Member Bob Harris Board Member Mary Jowers Board Member Georgine Guillory Board Member Dohn LaBiche' Alternate Member Joey Hilliard Board Members absent: Board Member Lamar Roach 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 June 7, 2001 Public Hearing. Board Member Guillory seconded the motion. Motion to approve carried 4:0. (Alternate Member Hilliard arrived.) SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 412-BA: A request for a variance to the sign regulations in the Oaks Historic District. The property is zoned RCR (Residential Conservation and Revitalization) District. The ordinance allows a maximum sign area of 12 square feet. The existing church monument sign contains 42 square feet. Location: 777 North 41h Street Applicant: Bethlehem Lutheran Church by Tom Sibley, Attorney Mr. Richardson told the Board that the existing sign is in compliance with setback and T height regulations. BOARD of ADJUSTMENT July S, 2001 The applicant shall have the burden of proof to demonstrate that all three conditions for a variance have been met. Twenty-four notices were mailed to property owners within 200 feet. Twelve responses in favor and none in opposition 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. Tom Sibley, attorney for 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. Discussion between the Board members followed. Board Member LaBiche made a motion to approve a variance to allow an existing church monument sign 42 square feet in size at 777 N. 4`h Street as requested in File 412-BA. Board Member Jowers seconded the motion. The vote on the motion follows: Board Member Harris - For Board Member LaBiche - For Board Member Jowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to approve the variance for the sign as requested in File 412-BA carried 5:0. 2) File 454-BA: A request for a special exception to the building setback regulations for a residence in an RS (Residential Single Family Dwelling) District. The property is a corner lot. Request is for a 2' 6" setback variance for a 12' 6" setback instead of the required 15' 0" . Location: Northeast corner of Terrell Avenue and 6`h Street Applicant: James and LeNell Segura Mr. Richardson told the Board that the applicant has purchased this 50' x 150' lot and proposes to build a two story residence on the property. The ordinance states that a 15' exterior side yard is required when the lot backs up to an adjoining side yard. Only 10' is required if the lot backs up to an adjoining rear yard. 2 BOARD OF ADJUSTMENT July 5, 2001 A special exception may be granted if the special exception will not adversely affect the value and use of adjacent properties or be contrary to the public interest. Nineteen notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. James Segura, 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. Discussion between the Board followed. Board Member Guillory made a motion to approve a special exception to allow a building setback of 12' 6" for the exterior side yard instead of the required 15' 0" for a corner lot at the northeast corner of Terrell Avenue and 6'h Street as requested in File 454-BA. Board Member LaBiche seconded the motion. The vote on the motion follows: Board Member Harris - For Board Member LaBiche - For Board Member Jowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to approve the special exception as requested in File 454-BA carried 5:0. 3) File 455-BA: A request for a variance to the sign regulations of the Oaks Historic District. The property is zoned GC -MD (General Commercial -Multiple Family Dwelling) District. The applicant's existing sign is not in compliance with the allowed height or setback regulations. The sign is also illuminated, which is not allowed. Location; 2694 Hazel Avenue Applicant: Jeff McManus Mr. Richardson told the Board that the subject sign exceeds the maximum 6' height by 1 foot. The signs exceeds the 5 foot minimum setback by 3 feet. 3 HOARD OF ADJUSTMENT Juiy 5, 2001 The applicant has the burden of proof to demonstrate that all three of the conditions necessary for approval have been met. Twenty-one notices were mailed to surrounding property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. James Matthews addressed the Board on behalf of Jeff McManus, the applicant. Mr. Matthews answered questions from the Board. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between the Board. Board Member Jowers made a motion to approve variance to allow the lighting of the existing owner identification sign at 2694 Hazel Avenue as requested in File 455-BA. Board Member LaBiche seconded the motion. The vote on the motion to approve the lighting in File 455-BA follows: Board Member Harris - Against Board Member LaBiche - For Board Member Jowers - For Board Member Guillory - Against Alternate Member Hilliard - Against The motion to approve the lighting in File 455-BA failed 2:3. Board Member LaBiche made a motion to approve the variances to allow an owner identification sign 7 feet in height and set back 2 feet 1 inch at 2694 Hazel Avenue as requested in File 455-BA. Board Member Guillory seconded the motion. The vote on the motion to approve the height and setback in File 455-BA follows; Board Member Harris - For Board Member LaBiche - For Board Member Jowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to approve the height and setback in File 455-BA carried 5:0. 0 BOARD OF ADJUSTMENT July 5, 2001 4) File 456-BA: Request for a variance to the sign regulations of the Oaks Historic District. The applicant's existing sign does not comply with allowable maximum square footage or height requirements. The property is zoned RCR (Residential Conservation and Revitalization) District. Location: 2274 North Street Applicant: T. W. Moak, Sr. Mr. Richardson stated that the subject sign sits in front of a vacant building and identifies a business that has been closed for a number of years. The sign exceeds the 12 foot maximum square footage and exceeds the maximum height by approximately 6 feet. According to the applicant, the sign is also lighted. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twenty notices were mailed to property owners within 200 feet. One response in favor and one in opposition were returned. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. T. W. Moak, the applicant, addressed the Board. Mr. Moak said he has owned the building for 10 years and has used the sign intermittently because of vandalism on the adjacent building. The adjacent building has 12 apartments that are currently unoccupied. Mr. Moak said he is using the subject property for storage, but had intended to use it as a management office for the apartment building. Board Member Harris asked Mr. Moak if he anticipated replacing the sign. Mr. Moak said that he planned to replace the sign with a sign identifying the apartments. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between the Board followed. Board Member LaBiche made a motion to deny the variance to allow a owner identification sign exceeding the size and height requirements located at 2274 North Street as requested in File 456-BA. Alternate Member Hilliard seconded the motion. The vote on the motion to deny File 456-BA follows: 5 BOARD OF ADJUSTMENT July 5, 2001 Board Member Harris - For Board Member LaBiche - For Board Member Jowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to deny File 456-BA carried 5:0. 5) File 457-BA: Request for a variance to the sign regulations of the Oaks Historic District. The applicant's existing sign does not comply with the regulated setback, height or illumination requirements. Location: 2298 McFaddin Avenue at 7`h Street Applicant: Doug and Karl Duerr Mr. Richardson said that the subject sign is 4' 6" from the property line. Five feet is required. The sign is 10 to 12 feet in height. There is a 6 foot maximum allowed. The sign is also illuminated. However, the applicant has stated that the electricity has been disconnected. The applicant shall have the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met. Twenty notices were mailed to property owners within 200 feet of the subject property. Four in favor and none in opposition were returned. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. Karl Duerr, 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. Discussion between the Board followed. Board Member Jowers made a motion to approve the variance to allow an existing owner identification sign that exceeds the height and setback regulations located at 2298 McFaddin as requested in File 457-BA. Alternate Member Hilliard seconded the motion. The vote on the motion to approve File 457-BA follows: 0 BOARD OF ADJUSTMENT July 5, 2001 Board Member Harris - For Board Member LaBiche - For Board Member Jowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to approve File 457-BA carried 5:0. 6) File 458-BA: Request for a variance to the sign regulations of the Oaks Historic District. The property is zoned RCR (Residential Conservation and Revitalization) District. The existing identification sign is not in compliance with the allowable setback or illumination requirements of the ordinance (Section 30-21.2). Location: 2580 North Street Applicant: J. C. Milich, Advertising Associates Mr. Richardson stated that the subject sign is illuminated and is set back from the property line four feet. The minimum setback is five feet. The applicant shall have the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met. Twenty-five notices were mailed to property owners within 200 feet. Five responses in favor and none in opposition were returned. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. The applicant was not present. Board Member Harris asked for comments in favor or in opposition. Judy Boutte, 2585 North Street, addressed the Board in favor of the request. James Matthews, employee at McManus Lamplighter, spoke in favor of the lighting. The public hearing was closed. Discussion between the Board followed. 7 BOARD OF ADJUSTMENT July 5, 2001 Board Member LaBiche made a motion to approve the variance to allow an existing owner identification sign that exceeds the height and setback regulations located at 2580 North Street as requested in File 458-BA. Board Member Jowers seconded the motion. The vote on the motion to approve File 458-BA follows: Board Member Harris -- For Board Member LaBiche - For Board Member Jowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to approve File 458-13A carried 5:0. 7) File 459-BA: Request for a variance to the side yard building setback regulations for an addition to a single family residence in an RS (Residential Single Family Dwelling) District. Location: 6020 Chisholm Trail Applicant: Robert C. Matlock, et ux Mr. Richardson stated that the applicants want to construct an unenclosed carport next to the garage on the north side of the house. The carport will be 13' 6" wide and will extend to the north property line. The house next door is 5 feet from the property line. The applicants state that their daughter is permanently confined to a wheelchair and the carport will allow her to park and exit her van and enter the garage through an existing door without being subject to bad weather conditions. The applicant has the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twenty-seven notices were mailed to property owners within 200 feet. One response in favor and one in opposition were returned. Slides of the subject property were shown. Board Member Harris asked for the applicant's comments. BOARD or ADJvsTMPNT July 5, 2001 Polly and Robert Matlock, the applicants, addressed the Board and answered questions. Mrs. Matlock said that the carport will be constructed of brick and will be even with the existing roof. Board Member Harris asked for comments in favor or in opposition. Robert Seymour, 6030 Chisholm Trail, addressed the Board in opposition. Mr. Seymour objects to the structure being so close to his side property line. Rebuttal by Mr. Matlock followed. Darlene Johnson addressed the Board in favor of the request. Mrs. Johnson lives across the street from the subject property. The public hearing was closed. Discussion between the Board followed. Board Member LaBiche made a motion to deny a variance to allow a side yard building i' setback of zero feet for an addition to a single family residence at 6020 Chisholm Trail as requested in File 459-BA. Alternate Member Hilliard seconded the motion. The vote on the motion to deny the variance follows: Board Member Harris - For Board Member LaBiche - For Board Member Jowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to deny the variance as requested in File 459-BA carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 4:28 P. M. 0�