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HomeMy WebLinkAbout3-3-05 BA Minutes1\1 IN UTES BOARD OF ADJUSTMENT March 3, 2005 City Council Chambers A meeting of the Board of Adjustment was held on March 3, 2005 and called to order at 3:00 p.m. with the following members present: Chairman Bob Harris Vice Chairman Mary Jowers Board Member Pat Avery Board Member Dana Tirnaeus Alternate Member Sam Pullig Alternate Member Justin Howard Alternate Member Kelli Maness Board Members absent: Board Member Joey Hilliard Alternate Member Gladys Allen Also present: Stephen Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tyrone Cooper, City Attorney; Joe Sanders, Senior Assistant City Attorney APPROVAL OF MINUTES Vice -Chairman Jowers made a motion to approve the minutes of the December 2, 2004 Meeting. Alternate Member Pullig seconded the motion. Motion to approve carried 6:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 532-BA: A request for variances to the maximum height requirement from 5' to 6' 9 112 "and to the maximum area requirement from 20 sq, ft. to 120.65 sq, ft. for a subdivision sign. Location: Westfield Avenue at Major Drive Applicant: Carroll and Blackman, Inc. 11vIr. Richardson presented the staff report. West Opt Development, Ltd. is developing the 230 lot Fairfield Addition. The subdivision is located 486' east of Major and is connected to Major by BOARD OF ADJUSTMENT ,March 3, -100i Westfield Avenue, a single entry street, Commercial properties are located on either side of Westfield Avenue. The applicant states that when these commercial properties are developed, the commercial buildings, parking, landscaping and identification signs will obscure the residential development from view. The applicant also states that with only the tO' wide median exposure, the sign was sized and located to provide adequate visibility from Major Drive which has a posted speed limit of 60 mpli. The applicant sliall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Two notices were mailed to property owners within 200'. No notices in favor or in opposition were received. (Alternate Member Maness arrived.) Slides of the subject property were shown. Chairman Harris opened the public hearing and asked for the applicant's comments. Joe Pattie of Carroll and Blackman, Inc., the applicant, addressed the Board. Chairman Harris asked for comments in favor or in opposition. Richard Guseman of West Opt Development, Ltd. addressed the Board. Sam Parigi, 445 N. 14"' Street, addressed the Board. Mr. Parigi represents the owners on both sides of the subject property. In response to Alternate Member Pullig, Mr. Richardson read the three conditions necessary for a variance. The public hearing was closed. Discussion between the Board followed. Board Member Avery made a motion to approve variances to the maximum height requirement from 5' to 6' 9 1/2"and to the maximum area requirement from 20 sq. ft. to 1.20.65 sq, ft. for a subdivision sign located at Westfield Avenue at Major Drive as requested in File 532-BA. Alternate Member Maness seconded the motion. The vote on the motion to approve File 532-BA follows: pil BOARD OF ADJUSTMENT �March 3. 2005 Chairman Harris - Against Board Member Jowers - For Board Member Avery - For Board Member Tirnacus - For Alternate Member Maness - For The motion to approve File 532-BA carried 4: 1 . 2) File 533-BA: A request for variances to the minimum front yard setback from 25' to 11.2, and to the minimum ,side yard setback from 5' to 4.2'. Location: 3170 Elinor Applicant: Arnold Broussard Mr. Richardson presented the staff report. The applicant, Arnold Broussard, wants to build a house at 3170 Elinor. Mr. Broussard states that the house was formed to line up with the houses on either side. He would like to build at the same front setback as the houses to the east and west. When the framing inspection was made, he was told to get a survey of the property. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twenty notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Chairman Harris opened the public hearing and asked for the applicant's continents. Arnold Broussard, the applicant, addressed the Board. Chairman Harris asked for comments in favor or in opposition. Lacharles Mitchell, 3175 Elinor, addressed the Commission in favor of the request. The public hearing was closed. Board Member Timaeus made a motion to approve variances to the raininiurn front yard setback from 25' to 11.2' and to the minimum side yard setback from 5' to 4.2' for the property at 3170 Elinor as requested in File 533-BA. Board Member Avery seconded the motion. The vote on the motion to approve File 533-BA follows: Chairman Harris - For Board Member .lowers - For BOARD OF ADJUSIAMENT March 3, 2005 Board Member Avery - For Board Member Tiniaeus - For Alternate Member Maness - For The motion to approve File 533-BA carried 5:0. 3) File 534-BA: A request for variances to the minimum front yard setback froin 20' to 0' and to the minimum side yard setback from 5' to 2' 6". Location: 671 Washington Applicant: Carole Miller Mr. Richardson presented the staff report. The variance requests are for a sno-cone stand on the subject property. The subject property is also occupied by a convenience store owned by the applicant, Carole Miller. The sno-cone stand is located in the northwest corner of the property, Ms. Miller states that when she installed the building she was informed by the City that the building was encroaching into the setbacks. Ms. Miller states that the location of the stand allows for adequate maneuvering room for customers and delivery trucks. Ms. Miller also states that the location allows for adequate visibility for vehicles entering and exiting the property. There is 22.5' frorn the back of the curb to Ms. Miller's front property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twenty four notices were mailed to property owners within 200 feet of the subject property. No notices in favor or in opposition were returned. Slides of the subject property were shown. Chairman Harris opened the public hearing and asked for the applicant's corru-nents. Carole Miller, the applicant, addressed the Board. Chairman Harris asked for comments in favor or in opposition. Swearing in of Donald Guillory, Mr. Guillory, 675 Washington, addressed the Board in opposition to the request. He stated that he would prefer the sno-cone stand be located on the other side of the parking lot instead of located next to his property. Rebuttal by Ms. Miller. BOARD OF ADJUSTMENT &4-arch 3.21005 The public hearing was closed. Discussion between the Board members followed. Chairman Harris asked that separate motions be made for the variance requests. Board Member Avery made a motion to deny a variance to the minimum front yard setback from 20' to 0' for the property at 671 Washington as requested in File 534-BA. Vice -Chairman Jowers seconded the motion. The vote on the motion to deny File 534-BA follows: Chairman Harris - For Board Member Jowers - For Board Member Avery - For Board Member Timaeus - For Alternate Member Maness - For The motion to deny File 534-BA carried 5:0. Board Member Avery made a motion to approve the rninirnurn side yard setback from 5' to 2' 6" for the property at 671 Washington as requested in File 534-BA. The motion failed for lack of a second, 4) File 535-BA: A request for a variance to the minimurn side yard setback from 10' to 5'. Location: 767 Avenue A Applicant: Sigma Engineers, Inc. Mr, Richardson presented the staff report. Cristo Rey Catholic Church wants to construct new additions to the sanctuary at 767 Avenue A. An approximately 795 sq. ft. addition will be located on the north side. The north side addition is the one for which the variance is being requested. The applicant states that two additions were added to the church in 2003. The 250 sq. ft. addition on the north side was constructed to within 5' of the north property line. The staff report states that no building permits were granted for the addition. However, the Building Official did inform Mr. Richardson that a permit was issued for that construction in 2003. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval of a variance have been met. Twenty-two notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. , Slides of the subject property were shown. BOARD OF AD)USTMENT March 3. 2005 (Vice -Chairman Jowers left the meeting.) Chairman Harris opened the public hearing and asked for the applicant's comments. Sina Nejad of Sigina. Engineers, the applicant, addressed the Board. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Alternate Member Howard made a motion to approve a variance to the minimum side yard setback from 1.0' to 5' for the property at 767 Avenue A as requested in File 535-BA. Board Member Timaeus seconded the motion. The vote on the motion to approve File 535-BA follows: Chairman Harris - For Board Member Avery - For Board Member Tirnaeus - For Alternate Member Howard - For Alternate Member Maness - For The motion to approve File 535-BA carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:55 P. M. LI,