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HomeMy WebLinkAbout3-20-03 BA Minutes*MINUTES* BOARD OF ADJUSTMENT March 20, 2003 City Council Chambers A special meeting of the Board of Adjustment was held on March 20, 2003 at 3.00 p.m. with the following members present: Chairman Bob Harris Board Member Mary Jowers Board Member Lamar Roach Board Member Pat Avery Board Member Joey Hilliard Alternate Member Gladys Allen 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; Tom Warner, Public Works Director SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 492-BA: A request for a special exception to the required parking requirements. Location: 1096 Calder and 1075 McFaddin Applicant: Hadley Cohen for Hadley's Furniture Mr. Richardson stated that the request was carried over from the last Board of Adjustment meeting. Mr. Cohen asked that he be able to rethink their building layout. He has since revised the site plan to allow for a 35' x 65' addition that lays the required 10' from the south and west property lines. The proposed building is now in conformance with the setback requirements. The site plan shows 8 on -site parking spaces. The original showroom is grandfathered. The Building Official says that the warehouse was built approximately 12 years ago. IC parking spaces should have been required for that structure. The new addition would BOARD OF ADJUSTMENT March 20, 2003 require 8 additional parking spaces. Mr. Cohen shows that there are 8 parking spaces on the site plan, however, the 4 parallel spaces cannot count towards the required parking spaces due to the fact that the maneuvering area will be on the street right-of-way. Therefore, the Board must consider this request for a special exception to the parking requirements, The Traffic Manager has reviewed the parking plan and has approved it subject to approval of the special exception. The Board of Adjustment may grant a special exception when it finds that such special exception will not adversely affect the value and use of the adjacent or neighboring property or be contrary to the public interest. Nineteen notices were mailed to property owners within 200 feet. Three responses in favor and none in opposition were returned to staff. Chairman Harris opened the public hearing and asked for the applicant's comments. Hadley Cohen, the applicant, addressed the Board. In response to questions from board members, Mr. Cohen said that they deliver to consumers every day and receive trucks in two or three times a day. He received permission from the owner of the business next door, Merry Maids, to use their parking lot for overflow parking. In regard to the flooding problem, he stated that when he purchased the property, there was leftover concrete that made the flow partially uneven and the back alley was not graded down to the street, so a lot of water would collect there on the flat part and drain in the back door. Two trenches were dug in November, 2001 and there have been no drainage problems since. Mr. Cohen's only flood claim was prior to the trenches being dug. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between board members followed. Board Member Jowers made a motion to approve a request for a special exception to the required parking requirements at 1096 Calder and 1075 McFaddin as requested in File 492-BA. Board Member Roach seconded the motion. The vote on the motion to approve File 492-BA follows: Chairman Harris - For Board Member Jowers - For Board Member Roach - For 2 BOARD OF ADJUSTMENT March 20,2003 HIM I. =11 4 § kyj M 17, 671 M I It To � k-IN The motion to approve File 492-BA carried 5:0. 2) File 493-BA: A request for a variance to the 10' landscape buffer requirement along the north, south and west sides of the property. Location - 4600 block of N. Major Drive Applicant - Housing 2000, Inc. Fred Morgan, President of Housing 2000, Inc., is proposing a 176 unit apartment complex on the subject property. Mr. Morgan states that plans for the apartment complex were under review by HUD and the City as far back as March, 2001. According to a letter submitted to the developer by BMW Architects, no mention of a required 10' landscape buffer was made as late as December, 2002. Mr. Morgan states that all architectural plans, civil engineering plans and other plans and specifications regarding this development have been finalized with no provision for the 10' landscape buffers. Due to the narrowness of the property, the applicant states that subtracting another 10' on each side for landscaping would create a condition where the site could not physically comply with the Fire Code turning radius requirements. He also states that the 10' buffers would so limit parking that the development could not comply with the City's minimum parking requirements. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Sixteen notices were mailed to property owners within 200 feet. Four responses in favor and none in opposition were returned. Alternate Member Pullig asked if the landscape setback was the same as the building setback. Mr. Richardson replied that it would be different. The reason for the 10' landscape strip requirement is because the property is abutted on all three sides by agricultural residential zoning. The Zoning Ordinance states that whenever a multiple family use abuts residential zoning, there has to be a 10' landscape buffer and an 8' tall fence. The applicant is willing to put in the fence, but they said that it was never brought up in all the discussions with the City, therefore, in order to meet all the other requirements, they cannot provide that 10' buffer. 3 ZI# W I � I 1 0 , 11TJMR1VA1M*x Alternate Member Pullig asked if the building would be up to the property line. Mr. Richardson replied that it would not. In reference to the comment the applicant made stating if they were to put in the buffer, there wouldn't be room for fire trucks to turn, Chairman Harris asked about the fire trucks if the variance were granted. Mr. Richardson said that the way it is proposed now would meet the fire codes. Board Member Roach asked about the proposed carports and structures impeding the turning of fire trucks. Mr. Richardson stated that there will be no structures to impede the turning of any fire trucks in the fire lanes. Discussion of the ordinance followed. Chairman Harris opened the public hearing and asked for the applicant's comments. Doug Barlow addressed the Board in favor of the request. Mr. Barlow is one of the sellers of the property. Mr. Barlow is also one of the property owners of adjacent properties in the area. Jackie Binks addressed the Board in favor of the request. Mr. Binks is one of the sellers of the property and also one of the property owners of adjacent properties. Fred Morgan, President of Housing 2000, Inc., addressed the Board and answered questions regarding landscaping. Chairman Harris closed the public hearing. Discussion between Board members followed. Board Member Jowers made a motion to approve a request for a variance to the 10' landscape buffer requirement along the north, south and west sides of the proposed !z*iranuient comcclex located on yqoi!erti-j in the 4600 block of N. Wor . sted In File 493-BA. Board Member Hilliard seconded the motion. The vote on the motion to approve File 493-BA follows: 2 BOARD OF ADJUSTMENT March 20,2003 Chairman Harris - For Board Member Jowers - For Board Member Roach - For Board Member Avery - For Board Member Hilliard - For The motion to approve File 493-BA carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS. THE MEETING WAS ADJOURNED AT 3:34 P. M. W