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HomeMy WebLinkAbout12-2-93 BA MinutesBOARD OF ADJUSTMENT December 2, 1993 City Council Chambers A meeting of the Board of Adjustment was held on December 2, 1993 with the following members present: Chairman Jayne Eisen Board Member Milton Bell Board Member Gerald Farha Board Member Kevin Fuller Board Members absent: Board Member Lanier (excused), Board Member Thompson (excused), Board Member Close (excused), Board Member Lucas (excused), and Board Member Chavis (unexcused). Also present: Stephen C. Richardson, Planning Director; Murray Duren, Sr. Planner; Tyrone Cooper, First Assistant City Attorney; Kim James, Planning Technician; and Jill Manning, Recording Secretary. APPROVAL OF MINUTES Board Member Bell made a motion to approve the minutes of the November 4,1993 Public Hearing. Motion was seconded by Board Member Farha. Motion carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File #363-BA: Consider an application for a special exception from Section 30-30 of the City Codes to allow the reconstruction of a building which was occupied by a nonconforming use (bookstore) in an area zoned RM-H (Residential Multiple Family -Highest Density District), as may be granted under the regulations of Section 30-37 E.2.(a). Location: 670-80 E. Virginia at University Drive. Applicant: Ebrahim Moitee. Mr. Richardson explained that the site is the original location of Child's Bookstore. The new owner purchased the structure with the intention of opening another bookstore once he renovated the building. However, when he started the renovations, he discovered the building was thoroughly BOARD OF ADJUSTMENT December 2, 1993 Public Hearing infested with termites so he tore it down to the foundation. In November he applied for a building permit and was told at that time he had demolished a building that housed a non -conforming use and that he would not be able to rebuild without a special exception being granted by the Board of Adjustment. The Comprehensive Plan designates this area as an area called University District and this district is explained and described as being an area for Lamar University and affiliated uses such as shopping facilities, recreational and entertainment facilities and higher density housing. Mr. Richardson pointed out that the corner Iot upon which Child's Bookstore was situated has been used for commercial purposes since as early as the 1950's. A special exception to reconstruct, extend, or enlarge a building occupied by a non -conforming use may be granted provided the reconstruction, extension or enlargement does not prevent the return of the property to a non -conforming use. In addition, the exception must not adversely affect the value of adjacent properties nor be contrary to -the public interest. The building plans that have been submitted to the building permit division reflect roughed In plumbing which would enable the structure to be converted to a conforming use. The building on the rear and north sides will be set back the required 10 feet as per the Zoning Ordinance requirements. Staff recommended approval of the special exception. Twenty four notices were sent to property owners within 200 feet. Three responses in favor and none in opposition have been returned. Chairman Eisen asked If the applicant wanted to comment. Mr. Ebrahim Moitee addressed the Board and answered questions from board members. Mr. Tom Sibley, the applicant's attorney, spoke to the Board in favor of the application and gave background information. Chairman Eisen closed the public hearing. Board Member Bell made a motion to approve the special exception as stated in File #363-BA. Board Member Fuller seconded the motion. Motion to approve carried 4:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.