HomeMy WebLinkAbout11-4-99 BA Minutes....... .......
BOARD OF ADJUSTMENT
November 4, 1999
City Council Chambers
A meeting of the Board of Adjustment was held on November 4, 1999 at 3:00 p.m. with the
following members present:
Board Member Bob Harris
Board Member Mary Jowers
Board Member Alvin Cook
Board Member Lynn DeMary
Board Member Dohn LaBiche
Alternate Member Ed Orr
Alternate Member Georgine Guillory
Board Members absent: Alternate Member Lamar Roach
Alternate Member Joe Ashy.
Also present: Stephen Richardson, Planning Manager; Murray Duren, Senior
Planner; Tyrone Cooper, First Assistant City Attorney; Adina
Abshire, Planning Technician; Jill Cole, Recording Secretary and
Don Burrell, Building Official
APPROVAL OF MINUTES
Board Member DeMary made a motion to approve the minutes of the October 7, 1999
Public Hearing. Board Member LaBiche seconded the motion. Motion to approve carried
5:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 433-BA: A request to consider an appeal of City Code Chapter 6, Section 6-21,
Standard Building Code Section 3313.1 B. 2., reference moving of buildings for
residential purposes.
Location: 1497 Elgie at Avenue B
Applicant: Oliva E. Garcia, represented by Mike Sinclair of Sherman & Sherman, Inc.
BOARD OF ADJUSTMENT
November 4, 1999
Mr. Richardson told the Board that the subject request was to consider an appeal of a
decision of the Building Official to refuse and deny a moving permit for the moving of a
residential structure within the City. The structure was moved from 1530 Burt to 1497
Elgie. The denial of the moving permit was based upon the appraised value of the
structure.
In March, 1999, City Council passed Ordinance No. 99-23 which states that before a
residential structure can be moved from one location in the City to another, the appraised
value of the structure as set by the Jefferson County Appraisal District must be a minimum
of 50 percent of the average appraised value of all residential structures on lots or tracts
within 400 feet of the property line of the lot or tracts upon which the structure to be
moved will be placed.
The Appraisal District appraised the structure at $4,210. The appraised value of all
residential structures within 400 feet is $17,828. Thus the permit was denied.
Sherman and Sherman had an independent appraisal done by Cook and Associates. They
appraised the structure at $10,300.
The applicant shall have the burden of proof that the City is in error.
Twenty-four notices were mailed to property owners within 200 feet. One response in
favor and one in opposition were returned to staff.
Slides of the subject property were shown.
Board Member DeMary asked what the difference was between a residential moving
permit and a trip ticket permit.
Mr. Richardson responded that the trip ticket permit is separate from the residential
moving permit and by itself, does not authorize the moving of a structure. The trip ticket
permit is issued by the Transportation Division and it basically maps out the route of the
move.
In response to Board Member DeMary, Mr. Richardson said that the Building Official did
receive a signed application, a security deposit and a set of plans.
Don Burrell, Building Official, addressed the Board. Mr. Burrell said that he was out of
town when the application was made. He discovered the error on Monday when he
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BOARD OF ADJUSTMENT
November 4, 1999
processed the application. Mr. Burrell confirmed that the house was appraised at $4,210
by the Jefferson County Appraisal District when it was located on Burt Street.
In response to Board Member LaBiche, Mr. Burrell said that the mover normally obtains
the building permit. The mover is Mike Sinclair.
Board Member Harris opened the public hearing and asked for the applicant's comments.
Mike Sinclair of Sherman and Sherman, addressed the Board. He said that they applied
for a moving permit on the date in question and when they submit these, there i s a certain
procedure that is followed. The City checks to see if the cost is 50 % of the appraised
value of the average house in the neighborhood. They got a call from the City and told
them that it was ready to go. The moving permit was ready to go to Don Burrell, but the
house did not have a permit to be moved. A moving application was submitted, the fee
was paid, and the route was approved by Transportation. The route approval was given
to the superintendent and the superintendent moved the house. Mr. Burrell called me on
Monday and told me the situation on the appraisal. It wasn't intentional to move the house
without a permit, it was just a mistake.
In response to Board Member Harris, Mr. Sinclair said that the Garcias were planning to
add a bedroom, garage and front porch.
In response to Alternate Member Guillory, Mr. Sinclair said that the Garcias had not done
any work on the house yet.
(Board Member Jowers arrived.)
Board Member Harris asked for comments in favor or in opposition.
Mrs. Garcia addressed the Board. She said that this was the only place she and her family
have to live.
In response to the Board, Mr. Burrell said that Mr. Sinclair has moved many houses
within the City and he has never had a problem with his company as far as violations are
concerned. He assured the Board that the mistake wasn't intentional on Mr. Sinclair's
part.
Board Member DeMary asked questions regarding how value determination is made.
Board Member Harris closed the public hearing.
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BOARD OF ADJUSTMENT
November 4, 1999
Discussion between the Board members followed.
Board Member LaBiche made a motion to approve the appeal for a residential moving
permit to allow the structure presently located at 1497 Elgie, moved from 1530 Burt as
requested in File 433-BA. Board Member Cook seconded the motion. The vote on the
motion to approve File 433-BA follows:
Board Member Harris - For
Board Member LaBiche - For
Board Member Cook - For
Board Member DeMary - Against
Alternate Member Guillory - For
The motion to approve File 433-BA carried 4:1.
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:40 .
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