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HomeMy WebLinkAbout5-4-95 BA MinutesBOARD OF ADJUSTMENT May 4, 1995 City Council Chambers A meeting of the Board of Adjustment was held on May 4, 1995 with the following members present: Chairman Jayne Eisen Board Member Bob Harris Board Member Bruce Irvine Board Member Kevin Fuller Board Member Mary Jowers Board Member Chuck Mason Board Members Absent: Board Member Dohn LaBiche Also present: Stephen C. Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Bonnie Semien, Planning Technician; and Jill Cole, Recording Secretary. APPROVAL OF AUNUTES Board Member Harris made a motion to approve the minutes of the March 2, 1995 Board of Adjustment Public Hearing. Board Member Irvine seconded the motion. Motion to approve carried 6:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File #374-BA: Consider a request for a variance from the residential front yard building setback regulations for a lot on a cul-de-sac. Location: 4285 Simon Drive Applicant: Nelson Campbell for Sirmon's Homes, Inc.; owner is John M. Guidry, Sr., et ux. BOARD OF ADJUSTMENT May 4, 1995 Public Hearing Mr. Richardson explained that the original plat of Fleetwood Subdivision requires a 25' building setback which is typical of a single family RS District. The zoning ordinance does permit a 15' front yard setback on a cul-de-sac. The original site plan shows that the house met the 25' setback; however, the house as drawn encroached into the rear yard setback by approximately 3', assuming that the rear yard setback is 15 feet. In a RS District, the zoning ordinance typically requires a rear yard setback of 25% however, it will allow 15' if accessory structures are not built in the back yard. The builder was informed of the encroachment into the 15' rear yard and he asked the surrounding property owners if they objected to a 15' front yard setback. These property owners stated that they did not have any objection to them moving the house up past the 15' front yard setback. When the slab was poured, the contractor moved it to within 9.43' of the front property line. The house was built, inspections were made, and it was not caught, so the house was built with a setback with less than the 15' setback. The way the ordinance reads, the front yard setback is measured to the main part of the structure because there is an open porch and that does not have to meet the normal front yard setback. It can encroach into the setback. The porch is 5' in depth. When the title company noted the encroachment, they required that the situation be remedied before closing according to the information furnished to Planning. The house is finished and to require the house to conform to the front yard setback would require tearing the front of the house down. Mr. Richardson told the Board that it was brought to his attention right before the meeting that. there is a side yard encroachment as well; it goes from 4.02 feet to 4.53 feet. The side yard encroachment was not advertised, so it will have to be cleared up at a later date. Mr. Richardson recommended approval of the request because he did not feel that granting the variance would be contrary to public interest. While the hardship is self- imposed - it is the builder and the property owner that have created the situation - it would be extremely expensive for the property owner to have to move the house. Sixteen notices were mailed to property owners within 200 feet. Two responses in favor and one response in opposition were returned. Chairman Eisen opened the public hearing and asked for the applicant's comments. The applicant, Nelson Campbell for Sirmon's Homes, was not present. iq BOARD OF ADJUSTMENT May 4, 1995 Public Hearing The property owner, Ruby Guidry, was present and addressed the Board. Mrs. Guidry told the Board that she had not been able to get in touch with the contractor. Chairman Eisen closed the public hearing. Board Member Fuller suggested tabling File 374-BA until a subpoena can be issued to the builder, Kenneth Sirmons. He also recommended that someone from the title company be present. Board Member Fuller made a motion to table File 374-BA. Board Member Harris seconded the motion. Motion to table carried 6:4. The Board Chairman stated that a special hearing will be held on May 18, 1995. The Assistant City Attorney, Tyrone Cooper, was instructed by the Chairman to prepare a subpoena for Mr. Sirmons. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 3