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HomeMy WebLinkAbout1-8-04 BA Minutes*MINUTES* BOARD OF ADJUSTMENT January 8, 2004 City Council Chambers A meeting of the Board of Adjustment was held on January 8, 2004 and called to order at 3:00 p.m. with the following members present: Board Member Mary Jowers Board Member Joey Hilliard Alternate Member Gladys Allen Alternate Member Sam Pullig Board Members absent: Chairman Bob Harris Board Member Pat Avery Board Member Dana Timaeus Alternate Member Justin Howard Also present: Stephen Richardson, Planning Manager; Lane Nichols, City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner APPROVAL OF MINUTES Alternate Member Allen made a motion to approve the minutes of the November 6, 2003 Meeting. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING File 510-BA: A request for variances to the minimum allowable side yard setback and to the minimum allowable setback from a street right-of-way for an advertising sign. Location: 200 block of Crockett, south side Applicant: Crockett Street Development Mr. Richardson stated that the subject request is for variances to the minimum allowable interior side yard setback from 10' to 2' and to the minimum allowable setback from a street right-of-way from 25' to 3' for an advertising sign. BOARD OF ADJUSTMENT January 8, 2004 Crockett Street Development Company constructed a screening wall along the southwest side of their parking lot for the Crockett Street Development. The purpose of the wall is to screen an adjacent building at the corner of Pearl and Bowie. Crockett Street Development Company would like to lease off -premise advertising space to other businesses. They propose to place five 18' x 24' signs on each of the five panels that make up the wall. The Zoning Ordinance requires that off -premise advertising signs of this size be spaced a minimum of 750 feet apart. Based upon that spacing requirement, only one off -premise advertising sign could be placed upon the panels. What is up for consideration today are the setback requirements for an advertising sign. The Zoning Ordinance requires that no advertising sign be placed closer than 10' to any interior side yard and no closer than 25' to any street right-of-way. The sign will be 2' from the interior side yard and 3' from the street right-of-way. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Eight 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. In response to Alternate Member Pullig, Mr. Richardson reviewed the three conditions necessary for approval. Board Member Jowers, acting as Chairman, opened the public hearing and asked for the applicant's comments. Christina Delgadillo with Crockett Street Development Company, the applicant, addressed the Board and answered questions regarding the type of advertisements that would be placed on the panels. Board Member Jowers asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between Board members. P-J BOARD OF ADJUSTMENT Janu3q 8,2004 Alternate Member Allen made a motion to approve a request for variances to the minimum allowable side yard setback and to the minimum allowable setback from a street right-of- way for an advertising sign in the 200 block of Crockett, south side as requested in File 510-BA. Board Member Hilliard seconded the motion. The vote on the motion for File 5 1 O-BA follows: Board Member Jowers - For Board Member Hilliard - For Alternate Member Allen - For Alternate Member Pullig, - Against The motion to approve File 5 1 O-BA failed 3: 1. Discussion followed between the Board and staff. Alternate Member Pullig made a motion to rehear the request of File 510-BA at the next meeting. Board Member Hilliard seconded the motion. The vote on the motion to rehear File 510-BA follows: Board Member Jowers - For Board Member Hilliard - For Alternate Member Allen - For Alternate Member Pullig - For The motion to rehear File 510-BA passed 4:0, Clarification by Lane Nichols of the Board's bylaws followed. The applicant needs to submit a request in writing for a rehearing. 2) File 51 I -BA: A request for a variance to the minimum allowable rear yard setback to allow an attached covered patio. Location: 4820 Christina Applicant: Curtis Thorpe Mr. Richardson stated that Curtis Thorpe, the property owner, wants to construct this 20' x 20' patio on the rear of his house. The patio will include a half bath, sink and dishwasher, cooking facilities, fireplace and storage. It will provide an outdoor living area that will complement the swimming pool in the back yard. 3 BOARD OF ADJUSTMENT January 8, 2004 In an RS District, the 25' rear yard setback may be reduced to 15' if no other accessory structure buildings are permitted in the reduced rear yard. The site plan shows the addition 13' 4" from the rear property line. A swimming pool would be permitted within the reduced rear yard. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Sixteen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned to staff. Slides of the subject property were shown. Board Member Jowers opened the public hearing and asked for the applicant's comments. Mike Carbaugh, the contractor for Dr. Thorpe, addressed the Board. Discussion followed between Board members. Board Member Jowers made a motion to approve a request for a variance to the minimum allowable rear yard setback to allow an attached covered patio at 4820 Christina as requested in File 511 -BA - The motion to approve File 5 11 -BA failed for lack of a second. Alternate Member Pullig made a motion to deny a request for a variance to the minimum allowable rear yard setback to allow an attached covered patio at 4820 Christina as requested in File 511-BA. Board Member Hilliard seconded the motion. The vote on the motion to deny File 511 -BA follows: Board Member Jowers - Against Board Member Hilliard - For Alternate Member Allen - For Alternate Member Pullig - For The motion to deny File 51 t -BA passed 3: 1. 4 BOARD OF ADJUSTMENT January S. 2004 OTHER BUSINESS Christina Delgadillo of Crockett Street Development Company submitted to the Board, a written request for the Board to rehear File 5 10-BA. Board Member Hilliard made a motion to approve a rehearing of File 510-BA. Alternate Member Allen seconded the motion. The vote to rehear File 510-BA follows: Board Member Jowers - For Board Member Hilliard - For Alternate Member Allen - For Alternate Member Pullig - For The motion to rehear File 510-BA passed 4:0. THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 4:00 P. M.