HomeMy WebLinkAbout5-5-05 BA Minutes*MINUTES*
BOARD OF ADJUSTMENT
May 5, 2005
City Council Chambers
A meeting of the Board of Adjustment was held on May 5, 2005 and called to order at 3:00 p.m. with the
following members present:
Chairman Bob Harris
Board Member Pat Avery
Board Member Dana Timacus
Alternate Member Justin Howard
Board Members absent: Vice Chairman Mary Jowers
Board Member Joey Hilliard
Alternate Member Sam Pullig
Alternate Member Gladys Allen
Alternate Member Kelli Maness
Also present: Adina Abshire, Planner; Jill Cole, Recording Secretary; Joe Sanders,
Senior Assistant City Attorney
APPROVAL OF MINUTES
Board Member Timaeus made a motion to approve the minutes of the April 7, 2005 Meeting. Board
Member Avery seconded the motion. Motion to approve carried 4:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 537-BA: A request for a special exception to the minimum setback requirement for two signs
from 20' to 0' and from 10' to 0' and variances to the maximum sign area requirement from 40
sq. ft. to 47 sq. ft, and from 40 sq. ft. to 48.88 sq. ft.
Location: 1120 Longfellow
Applicant: R. J. Broussard, DDS
Mrs. Abshire presented the staff report. The sign setback requirements in Neighborhood
Commercial zoning are the same as the building setback requirements. The applicant, Dr.
Broussard, feels that the signs must be placed at the proposed locations to be seen by the public.
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On the interstate side, the building is located 6" from the property line and on the Longfellow side,
the building is 22.75' from the property line. The required building setback along Longfellow is
20' and the required building setback along the interstate is 10'. There is no room to glace the sign
perpendicular to either street and meet the setback requirements. The Neighborhood Commercial
district allows for a sign not to exceed 40 sq. ft. in area. The proposed signs will be 47 sq. ft. in
area and 48.88 sq. ft, in area.
Ten notices were mailed to property owners within 200'. One response in favor and one in
opposition were received.
Slides of the subject property were shown. Mrs. Abshire pointed out that the edge of the pavement
is basically the property line. The applicant would like to put the proposed sign right up to the
property line. It is supposed to be 20' back on this side and the building is setback 22.75'. The
building setback line is 20'. In an NC district, the building setback and the sign setback are the
same. On the other side of the property, which would be considered the rear of the property, the
building setback is 10'. In this case, the edge of the concrete, which is also the edge of the
property line, the building is 6" from that property line, but is grandfathered. The proposed
location for the sign on this side would be right up to the property line also.
Board Member Timaeus asked if that is against the property line of the adjacent landowner as well.
Mrs. Abshire stated that the side setback is 5'.
It was discovered that a variance to the side setback would be needed also.
Chairman Harris opened the public hearing and asked for the applicant's comments.
Jeff Givens of General Design Sign Company, representative for Dr. Broussard, addressed the
Board.
Discussion between the Board and Mr. Givens followed. Board Member Timaeus suggested
tabling the request and allowing the applicant to come back to the Board next month.
Alternate Member Howard made a motion to table a request for a special exception to the
minimum setback requirement for two signs from 20' to 0' and from 10' to 0' and variances to the
maximum sign area requirement from 40 sq. ft. to 47 sq. ft. and from 40 sq. ft. to 48.88 sq. ft.
for the property at 1120 Longfellow as requested in File 537-BA. Board Member Avery seconded
the motion. The vote on the motion to table File 537-BA follows:
Chairman Harris - For
Board Member Avery - For
Board Member-Timaeus - For
Alternate Member Howard - For
BOARD OF ADJUSTMENT
May 5,2005
The motion to table File 537-BA carried 4:0.
2) Eke -538-BA: A request for a special exception to the minimum parking requirement from 6 spaces
to 2 spaces.
Location: 1710 North Street
Applicant: Robert and Kathe Hyslop
Mrs. Abshire presented the staff report. The applicants, Mr. and Mrs. Hyslop, were recently
granted a zone change and a specific use permit to allow a storage facility at 1710 North Street.
The facility will be used to store additional china for the vintage china shop. A condition of the
specific use permit was that a special exception to the minimum parking requirement be granted.
The Hyslops have no need for the normally required six spaces. They state that only occasionally
will a customer come to the storage building, thus the request for two parking spaces.
Fifteen notices were mailed to property owners within 200 feet. Two responses in favor and none
in opposition were returned.
Slides of the property were shown.
Chairman Harris opened the public hearing and asked for the applicant's comments.
The applicant, Mr. Hyslop, addressed the Board.
Chairman Harris asked for comments in favor or in opposition. No comments were made. The
public hearing was closed.
Board Member Timaeus made a motion to approve a special exception to the minimum parking
requirement from 6 spaces to 2 spaces for the property at 1710 North Street as requested in File
538-BA. Alternate Board Member Howard seconded the motion. The vote on the motion to
approve File 538-BA follows:
Chairman Harris - For
Board Member Avery - For
Board Member Timaeus - For
Alternate Member Howard - For
The motion to approve File 538-BA carried 4:0.
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:00 P. M.
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