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HomeMy WebLinkAbout5-1-03 BA Minutes*MINUTES* BOARD OF ADJUSTMENT May 1, 2003 City Council Chambers A meeting of the Board of Adjustment was held on May 1, 2003 and called to order at 3:40 p.m. with the following members present: Chairman Bob Harris Board Member Mary lowers Board Member Pat Avery Alternate Member Gladys Allen Board Members absent: Board Member Joey Hilliard Alternate Member Justin Howard Alternate Member Sam Pullig Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Don Burrell, Building Official APPROVAL OF MINUTES Board Member lowers made a motion to approve the minutes of the April 3, 2003 Board of Adjustment meeting. Board Member Avery seconded the motion. The motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 495-BA: A request for a variance to the front yard setback requirement of 25' to 14'. Location: 5625 Spencer Drive Applicant: Mr. and Mrs. Sam Amaimo, Sr. Mr. Richardson stated that the request is for a variance to the required front yard building setback from 25' to 14'. BOARD Or ADJUSTMENT May 1. 2003 Mr. and Mrs. Sam Amaimo, Sr. are requesting this variance to the front yard building setback for their home at 5625 Spencer. They have constructed a garage that encroaches into the front setback. They state that the garage is needed to allow Mr. Amaimo and their son, who are both unable to get around without the use of canes and wheelchairs, to get out the car in an enclosed space. The addition is 11.5' in length and is not a full length garage. On March 17, a building permit was applied for. The permit was not issued because of the encroachment into the front building setback. When staff took pictures on April 23, a completed garage addition was found. Mrs. Amaimo told staff that they cut off a portion of the garage so that they would not have to go through the variance process. Mr. Richardson told her that he would check into the situation when he got back to the office. Upon inspection of the plans, it was found that the completed addition is exactly what they had originally applied for. What has been built encroaches into the setback. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twenty one notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned to staff. A slide of the subject property were shown. Chairman Harris opened the public hearing and asked for the applicant's comments. Dorothy Amaimo, the applicant, addressed the Board. She said that when her son got a van, he could not get it in the garage, so they raised the header on the garage and added the small portion to accommodate the van. Sam Amaimo, the applicant, addressed the Board. He said that the addition has been an asset to the neighborhood. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between Board members. 'Pil BOARD OF ADJUSTMENT May 1, 2003 Alternate Member Allen made a motion to approve a variance to the front yard setback requirement of 25' to 14' for the property at 5625 Spencer Drive as requested in File 495- BA. Board Member Jowers seconded the motion. The vote on the motion to approve File 495-BA follows: Chairman Harris - For Board Member Jowers - For Board Member Avery - For Alternate Member Allen - For The motion to approve File 495-BA carried 4:0. 2) File 496-BA: A request for a variance from the rear yard setback requirement of 25' to 15 Location: 3110 Brownstone Place Applicant: King Homes, Inc. Mr. Richardson stated that King Homes, Inc. is applying for a variance to the rear yard building setback for a home to be constructed at 3110 Brownstone Place. The subject property is on a curve of Brownstone Place which creates an odd shaped lot. In an RS District, the 25' rear building setback can be reduced to 15' provided no accessory buildings of any type are permitted in the reduced rear yard. In this particular situation, a garage is proposed 2.5' from the side and rear property lines. An accessory building may be placed 2.5' from the side or rear property lines provided that it cover no more than 60% of the rear yard. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twelve notices were mailed to property owners within 200 feet. No responses in favor and one in opposition was returned, however that property is not an immediate neighbor to the subject property. Chairman Harris opened the public hearing and asked for the applicant's comment. Chuck King of King Homes, the applicant, addressed the Board. Chairman Harris asked for comments in favor or in opposition. No comments were made. 3 BOARD OF ADJUSTMENT May 1, 2003 The public hearing was closed. Discussion between Board members followed. Alternate Member Allen made a motion to approve a variance from the rear yard setback requirement of 25' to 15' for the property at 3110 Brownstone Place as requested in File 496-BA. Board Member Jowers seconded the motion. The vote on the motion to approve File 496-BA follows: Chairman Harris - For Board Member Jowers - For Board Member Avery - For Alternate Member Allen - For The motion to approve File 496-BA carried 4:0. 3) File 497-BA: A request for a variance to the setback requirement for an owner identification sign from 15' to 5'. Location: 4210 Crow Road Applicant: Reformed Presbyterian Church Mr. Richardson stated that the applicant wants to construct a new sign at the front of their property at 4210 Crow Road. In an RM-H District, the required setback for a sign is 15' from the property line. The church currently has a sign that is on the property line. No record of any building permit was found for that sign. The new sign would be 6' in height and 10' in width. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. A total of 137 notices were mailed to property owners within 200 feet. 88 responses in favor and none in opposition were returned. Chairman Harris opened the public hearing and asked for the applicant's comments. Mike Ireland, elder with the Reformed Presbyterian Church, addressed the Board. 0 BOARD OF ADJUSTMENT May 1, 2003 Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member Avery made a motion to approve a variance to the setback requirement for an owner identification sign from 15' to 5' at 4210 Crow Road as requested in File 497- BA. Board Member Jowers seconded the motion. The vote on the motion to approve File 497-BA follows: Chairman Harris - For Board Member Jowers - For Board Member Avery - For Alternate Member Allen - For The motion to approve File 497-BA carried 4:0, Mr. Richardson discussed with the Board the need for a special meeting to hear a request for a variance to the floodplain ordinance. A special meeting of the Board of Adjustment was called for May 15, 2003 at 3 p.m. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:00 P. M. 5