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HomeMy WebLinkAbout4-5-01 BA Minutes*MINUTES* BOARD OF ADJUSTMENT April 5, 2001 City Council Chambers A meeting of the Board of Adjustment was held on April 5, 2001 at 3:00 p.m. with the following members present: Board Member Bob Harris Board Member Dohn LaBiche Alternate Member Lamar Roach Alternate Member Ed Orr Board Members absent: Board Member Mary Jowers Alternate Member Georgine Guillory Also present: Stephen Richardson, Planning Manager; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician and Jill Cole, Recording Secretary APPROVAL OF MINUTES Alternate Member Roach made a motion to approve the minutes of the March 1, 2001 Public Hearing. Alternate Member Orr seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 444-BA: A request for a variance to the exterior side yard setback to allow a carport within three feet of the corner side yard lot line in an RS (Residential Single Family Dwelling) .District. Location: 1210 Sheridan Lane at Wilchester Applicant: Tom Stripling Mr. Richardson told the Board that the request is for a variance from the required ten foot exterior side yard to three feet to allow the construction of a carport at 1210 Sheridan. BOARD OF ADJUSTMENT April 5, 2001 The house sits on the corner of Sheridan and Wilchester. The applicant wants to build a 24' x 39' 7" carport on the Wilchester side of the house. If constructed as planned, there will be 20' from the edge of the carport to the street curb. The applicant shall have the burden of proof to demonstrate that all three conditions for a variance have been met. Fifteen 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. Tom Stripling, the applicant, addressed the Board. Board Member Roach asked if there were any deed restrictions. The owner, Bruce Allred, stated that there is no homeowners association and that he was - not knowledgeable of the deed restrictions. 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 request for a variance to the exterior side yard setback to allow a carport within three feet of the corner side yard lot line in an RS District at 1210 Sheridan Lane as requested in File 444-BA. Alternate Member Roach seconded the motion, The vote on the motion to approve File 444-BA follows: Board Member Harris - For Board Member LaBiche - For Alternate Member Roach - For Alternate Member Orr - For The motion to approve File 444-BA carried 4:0. 2 BOARD OF ADJUSTMENT April 5, 2001 2) File 445-BA: A request for a variance to the rear yard building setback for an existing shop building encroaching to within 1.60' of a rear lot line in an RS (Residential Single Family Dwelling) District. Location: 6075 Barrington Avenue Applicant: Kirk D. Carver Mr. Richardson told the Board that the requested variance was from the required 2.5 foot rear yard to 1.6 feet for an existing shop building at 6075 Barrington. In 1998, the applicant built a workshop at the rear of his detached garage. He is now being transferred and needs to sell the house. To clear up anrencroachments, he is required to get a variance. The applicant has the burden of proof to demonstrate that all three of the conditions necessary for a variance have been met. Nineteen notices were mailed to property owners within 200 feet of the subject property. One response in favor and two in opposition were returned. SIides of the subject property were shown. In response to Alternate Member Roach, Mr. Richardson stated that the two responses in opposition were from the developer of the subdivision and he gave no reason for opposing. Board Member Harris opened the public hearing and asked for the applicant's comments. Kirk Carver, the applicant, addressed the Board. He said that he bought the house in 1998. He had the builder pour a slab behind the garage and approximately six months later, he had a freestanding shop built on the slab. He said that he thought it had been permitted correctly. In response to Alternate Member Roach, Mr. Carver said he was unsure of the specifics of his deed restrictions. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Alternate Member Roach made a motion to approve the request for a variance to the rear yard building setback for an existing shop building encroaching to within 1.60' of a rear lot line in an RS District at 6075 Barrington Avenue as requested in File 445-BA. Board Member LaBiche seconded the motion. The vote on the motion to approve File 445-BA follows: 3 BOARD OF ADJUSTMENT April 5, 2001 Board Member Harris - For Board Member LaBiche - For Alternate Member Roach - For Alternate Member Orr - For The motion to approve File 445-BA carried 4:0. OTHER BUSINESS Alternate Member Roach stated that he has served an extended period of time as an alternate member and it seems to him that his alternate member status has him attending the meetings on a regular basis. There were two vacancies on the Board and one has been filled with one of the other alternates. He stated that it is not sour grapes, but after the period of time he has served and being the oldest alternate member, he thought it was time to move on because it didn't look like he would ever become permanent, so he tendered his resignation from the Board. Mr. Richardson reviewed the sign ordinance for the Board. I. Owner -identification Signs A. Residential Signs 1. One detached owner -identification sign shall be permitted for a multiple -family dwelling development, non-residential or institutional building on each abutting street. The sign shall: a. Not exceed 50 sq. ft. in area b. Not exceed 15 feet in height 2. One attached owner -identification sign for multiple -family dwelling development; non-residential or institutional building for each street frontage. The sign skull: a. Not exceed 40 sq. ft. in area 3. One detached owner -identification sign shall be permitted for a commercial use in an RCR District. The sign shall: a. Not exceed 40 sq. ft. in area b. Not exceed 15 feet in height 4. One attached owner -identification sign shall be permitted for a commercial use in an RCR District for each street frontage. The sign shall: a. Not exceed 40 sq. ft. in area n W BOARD OF ADJUSTMENT April S. 2001 B. Commercial Signs 1. Neighborhood Commercial (NC) and Office Park (OP) a. One detached owner -identification sign for each abutting street frontage. The sign shall: 1) Not exceed 40 sq. ft. in area 2) Not exceed 15 feet in height b. One attached owner -identification sign for each abutting street frontage. The sign shall: 1) Not exceed 40 sq. ft. in area 2. All other commercial and industrial districts a. Unlimited number b. Shall not exceed 50 feet in height C. Support shall be no less than 10 feet from any property line or street right-of-way d. No limit on square footage -e. There are no restrictions on on -premise signs in the Central Business District and Port Development District. C. Advertising Signs 1. Advertising signs are permitted in NSC, CSC, GC -MD, CBD, C- M, LI and HI Districts. 2. Maximum sign area and height correlates to sign spacing. II. Special Overlay Districts A. Urban Corridor Overlay District - located 200 feet either side of Martin Luther King Parkway right-of-way from I-10 East to Cardinal Dr. 1. There are regulations for residential, commercial and industrial districts. 2. Advertising signs are prohibited. B. Historic Overlay District - located its area that runs from Beech to just north of Calder and from 1st to just east of 1 lth and from just south of Calder to Smart and from east of IIth to west of 4th. 1. The regulations were recently amended to allow signs to be located 5 feet from the property 2. Signs will be coming to the Board of Adjustment for variances within the next couple of months - W BOARD OF ADJUSTMENT April 5, 2001 C. Major/Dowlen/Gladys/Hwy. 105 Overlay District - located 100 feet north of Hwy. 105 to 100 feet east of Old Dowlen Rd. to the Wal-Mart property to around Lowe's shopping to 100 feet east of Dowlen to 100 feet south of Gladys to 100 feet west of Major. 1. There are regulations for residential and commercial districts. 2. Monument signs are required. 3. Advertising signs are prohibited. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:51 P. M.