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HomeMy WebLinkAbout3-4-04 BA Minutes*MINUTES* BOARD OF ADJUSTMENT March 4, 2004 City Council Chambers A meeting of the Board of Adjustment was held on March 4, 2004 and called to order at 3:00 p.m. with the following members present: Board Member Mary Jowers Board Member Pat Avery Board Member Joey Hilliard Board Member Dana Timaeus Alternate Member Gladys Allen Alternate Member Justin Howard Board Members absent: Chairman Bob Harris Alternate Member Sam Pullig Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Asst. City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner Fi a 0 m-117.1 oro 0 17, 11 Z t 111 M Alternate Member Howard made a motion to approve the minutes of the February 5, 2004 Meeting. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 512-BA: A request for a variance to the minimum required rear yard setback from 25' to 6' for an addition to a house. Location: 1930 Shady Lane Applicant: Randolph Nembhard Mr. Richardson stated that the applicant is requesting this variance to allow the construction of a garage and breezeway that would connect to the house. Mr, Nembhard BOARD OF ADJUSTMENT March 4, 2004 states that the garage slab was built by the previous owner. The Nembbards constructed the slab attached to the house. Mr. Nembhard states that he would like to construct the enclosed breezeway for protection between the garage and the house. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned to Staff. Slides of the subject property were shown. Discussion between Mr. Richardson and the Board followed. Mr. Richardson stated that he spoke to Water Utilities and there would be no encroachment problems. Board Member lowers, acting as Chairperson, opened the public hearing and asked for the applicant's comments. (Board Member Avery arrived.) (Board Member Timaeus arrived.) Randolph Nernbhard, the applicant, addressed the Board and answered questions. Board Member lowers asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between Board members. Board Member Hilliard made a motion to approve a variance to the minimum required rear yard setback from 25' to 6' for an addition to a house at 1930 Shady Lane as requested in File 512-BA. Alternate Member Allen seconded the motion. The vote on the motion to approve File 512-BA follows: Board Member lowers - For Board Member Avery - For Board Member Hilliard - For Board Member Timaeus - For Alternate Member Allen - For The motion to approve File 512-BA carried 5:0. 7 BOARD OF ADJUSTMENT Match 4,2004 2) File 513-BA: A request for a variance to the minimum required front yard building setback from 25' to 15' for a new residence. Location: 4690 Glen Oaks Circle Applicant: Faust Engineering & Surveying, Inc. Mr. Richardson stated that the house, as proposed, would encroach into the existing 25' front yard building setback by 10'. The applicant states that the reason for the encroachment is the shape of the lot. The lot is basically triangular in shape. To construct the proposed house would require the encroachment. The applicant states that the property owner attempted to design a house that fits but was unable to. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for the approval of a variance have been met. Twenty notices were mailed to property owner within 200 feet of the subject property. One notice in favor and one in opposition were returned. The response in opposition was due to concerns over drainage problems. Mr. Richardson said he spoke with the City Engineer and that he stated that drainage would not be a problem. He also spoke with Water Utilities and there would be no encroachment problems. Slides of the subject property were shown. Board Member Jowers opened the public hearing and asked for the applicant's comments, Richard Faust, the applicant, addressed the Board and answered questions. Board Member Jowers asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between Board members followed. Alternate Member Allen made a motion to approve a variance to the minimum required front yard building setback from 25' to 15' for a new residence at 4690 Glen Oaks Circle as requested in File 513-BA. Board Member Avery seconded the motion. The vote on the motion to approve File 513-BA follows: Board Member Jowers - For Board Member Avery - For 3 BOARD OF ADJUSTMENT March 4,2004 Board Member Hilliard - For Board Member Timaeus - For Alternate Member Allen - For The motion to approve File 513-BA carried 5:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:30 P. M. 4