Loading...
HomeMy WebLinkAbout6-7-01 BA Minutes*MINUTES* BOARD OF ADJUSTMENT June 7, 2001 Civic Center A meeting of the Board of Adjustment was held on June 7, 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 Lamar Roach Alternate Member Joey Hilliard Board Members absent: Board Member Dohn LaBiche Also present: Stephen Richardson, Planning Manager; Murray Duren, Senior Planner; Lane Nichols, City Attorney; Adina Abshire, Planning Technician and Jill Cole, Recording Secretary APPROVAL OF MINUTES Board Member Roach made a motion to approve the minutes of the May 3, 2001 Public Hearing. Board Member Guillory seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 416-BA: A request for a variance to the sign area and setback regulations in the Oaks Historic District. Location: 2631 Hazel Avenue Applicant: Becky Chapman (Hang It Up) Mr. Richardson told the Board that the subject request is for variances for a non- conforming owner identification sign in the Oaks Historic District. That portion of the Oaks Historic District located north of Calder, between First Street and Eleventh Street and from Beech to Calder, was the initial section of town chosen for the overlay designation. BOARD OF ADJUSTMENT June 7, 2001 Elsewhere in the City, if the ordinance is changed and something was legally existing prior to that change, it is "grandfathered" . However, Section 30-21.2 of the Zoning Ordinance requires that all structures and parking lots in the Historic District - except for main and accessory buildings and fences - come into compliance with the regulations within four years. The amortization period has now expired. Mr. Richardson added that prior to March, 2001, the required setback for signs was 15 feet. In March, the ordinance was amended to allow the supports of signs to be within 5 feet of the property line. (Board Member Jowers arrived.) The sign, in this case, is located at 2631 Hazel exceeds the maximum area by one-half square foot and the minimum setback by approximately 5 feet. The applicant shall have the burden of proof to demonstrate that all three conditions for a variance have been met. Forty-two notices were mailed to property owners within 200 feet. Three responses in favor and one 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. Becky Chapman, the applicant addressed the Board and answered questions from the Board. She said that the brick area in front is used for loading and unloading. In response to Board Member Roach, Mr. Richardson said that it was the white portion of the sign that was in excess. 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 the variances for the size and setback of the owner identification sign at 2631 Hazel Avenue as requested in File 416-BA. Board Member Guillory seconded the motion. 2 BOARD OF ADJUSTMENT June 7, 2001 Board Member Roach made an amendment to ,the motion to separate the issues of size and setback. Board Member Sowers made an amended motion to approve the variance for the size of the owner identification sign at 2631 Hazel as requested in File 416-BA. Board Member Guillory seconded the motion. The vote on the motion follows: Board Member Harris - For Board Member Guillory - For Board Member Jowers - For Board Member Roach - For Alternate Member Hilliard - For The motion to approve the size of the sign as requested in File 416-BA carried 5:0. Board Member Sowers made an amended motion to approve the setback of the owner identification sign at 2631 Hazel as requested in File 416-BA. Board Member Guillory seconded the motion. The vote on the motion follows: Board Member Harris - For Board Member Jowers - For Board Member Guillory - For Board Member Roach - Against Alternate Member Hilliard - For The motion to approve the setback of the sign as requested in File 416-BA carried 4:1. 2) File 451-BA: A request for a variance to the sign height and illumination regulations in the Oaks Historic District. Location: 797 N. 5`' Street Applicant: Bryan's 797 Mr. Richardson told the Board that the subject request is for variances for a non- conforming owner identification sign in the Oaks Historic District. The sign at 797 N. 51'' Street exceeds the height requirement of 6 feet by 2 feet. The sign is also lighted, which is against the regulations. 3 BOARD OF ADJUSTMENT June 7, 2001 The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met. Fifteen notices were mailed to property owners within 200 feet of the subject property. 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. Mary Lee of Brian's 797, the applicant, addressed the Board. Board Member Harris asked for comments in favor or in opposition. Buddy Stone, owner of the property next door to Brian's 797, spoke in favor of the sign. The public hearing was closed. Discussion followed between the Board. Board Member Guillory made a motion to separate the variances for the lighting and height of the owner identification sign at 797 N. 5`' Street as requested in File 451-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 Board Member Roach - For Alternate Member Hilliard - For The motion to separate the variances for the lighting and height of the owner identification sign as requested in File 451-BA carried 5.0. Board Member Jowers made a motion to approve the variance regarding the lighting of the owner identification sign at 797 N. 5'h Street as requested in File 451-BA. Board Member Guillory seconded the motion. The vote on the motion follows: Board Member Harris - For Board Member Jowers - For Board Member Guillory - For 4 BOARD OF ADJUSTMENT June 7, 2001 Board Member Roach - Against Alternate Member Hilliard - For The motion to approve the lighting of the sign at 797 N. 5" Street as requested in File 451- BA carried 4:1. Board Member Jowers made a motion to approve the height of the owner identification sign at 797 N. 5" Street as requested in File 451-BA. Board Member Guillory seconded the motion. The vote on the motion follows: Board Member Harris - For Board Member Jowers - For Board Member Guillory - For Board Member Roach - For Alternate Member HiIIiard - For The motion to approve the height of the sign at 797 N. 5'h Street as requested in File 451- BA carried 5:0. 3) File 452-BA: Request for a variance to the front yard building setback regulations in an RS (Residential Single Family Dwelling) District. Location: 619 Euclid Applicant: Jason McKnight (Three Star Roofing) Mr. Richardson told the Board that the request for a variance to the front yard building setback for an addition to the front of the house at 619 Euclid. The variance would allow a setback of 13 feet instead of the required 25 feet. The unenclosed front porch that is under construction was permitted. However, a 6' x 12' enclosed addition was begun without a building permit. The applicant has the burden of proof to demonstrate that all three of the conditions necessary for approval have been met. Twenty 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. 5 BOARD OF ADJUSTMENT June 7, 2001 Board Member Harris opened the public hearing and asked for the applicant's comments. Brenda Kelly, the property owner, was sworn in and addressed the Board. Mrs. Kelly said she was unaware of the details of the construction. Jason McKnight of Three Star Roofing, the builder, was not present, 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 Guillory made a motion to approve the front yard building setback of 13 feet for the residence at 619 Euclid as requested in File 452-BA. Board Member Jowers seconded the motion. The vote on the motion to approve File 452-BA follows: Board Member Harris - For Board Member Jowers - For Board Member Guillory - For Board Member Roach - Present Alternate Member Hilliard - For The motion to approve File 452-BA carried 4:0:1. (abstention - Board Member Roach) 4) File 453-BA: Request for a variance to the sign area and setback regulations in the Oaks Historic District. Location: 2508 McFaddin Avenue Applicant: Stewart Chisum, R. O. Williams & Company, Inc. Mr. Richardson stated that the subject request is for variances for a non -conforming owner identification sign in the Oaks Historic District. The sign exceeds the maximum square footage by 58 square feet and the setback by 8 inches. The ordinance allows a sign 12 square feet in area and 5 feet from the property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. T BOARD OF ADJUSTMENT June 7.2001 Twenty-three notices were mailed to property.owners within 200 feet. Three 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. The applicant, an insurance agent, was absent due to the present storm and flooding conditions. 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 Guillory made a motion to approve the variances to the sign area and setback regulations for the owner identification sign at 2508 McFaddin Avenue as requested in File 453-BA. Board Member Jowers seconded the motion. The vote on the motion to approve File 453-BA follows: Board Member Harris - Against Board Member Jowers - For Board Member Guiliory - For Board Member Roach - Against Alternate Member Hilliard - Against The motion to approve File 453-BA failed 3:2. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 3:51 P. M. 7