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HomeMy WebLinkAbout2-13-03 BA Minutes*MINUTES* BOARD OF ADJUSTMENT February 13, 2003 City Council Chambers A Special Meeting of the Board of Adjustment was held on February 13, 2003 at 3:00 p.m. with the following members present: Chairman Bob Harris Board Member Mary Jowers Board Member Lamar Roach Alternate Member Joey Hilliard Alternate Member Sam Pullig Board Members absent: Board Member Georgine Guillory Board Member Pat Avery Alternate Member Gladys Allen Alternate Member Justin Howard Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner SWEARING IN OF WITNESSES PUBLIC HEARING 1) To consider a rehearing of File 490-BA: A request for a variance to the required front yard setback of 25' to 5'. Location: 5075 Bruce Drive Applicant: Benny F. Baskin Chairman Harris stated that the purpose of the meeting was to decide whether or not the Board wanted to rehear File 490-BA. Board Member Jowers requested the special meeting. Mr. Richardson stated that Article VI of the Board of Adjustment bylaws state that the Board of Adjustment can decide to rehear a case on a motion by a member of the Board. BOARD OF ADJUSTMENT February 13, 2003 This motion must be made and acted upon within 10 days after its decision, which was February 6, and by no less than four concurring votes. No motion for a rehearing shall be entertained except upon written request for rehearing and then not unless new evidence is submitted which could not reasonably have been presented at the meeting at which the hearing was originally had. In the packet are written requests for a rehearing by both Benny Baskin and Board Member Jowers. Additional evidence was also submitted by Mr. Baskin in response to issues that were discussed during and after the February 6 meeting. The Board's vote will be to approve or deny a motion for rehearing and, if approved, set a date for that rehearing. The next regular meeting date is March 6, 2003. Chairman Harris opened the public hearing and asked for the applicant's comments. Benny Baskin, the applicant, addressed the Board. Mr. Baskin said that he was frustrated because his request was denied last Thursday and felt that he was belligerent and publicly apologized to Mr. Roach and Mr. Howard if he were present. He also thanked Ms. Jowers for requesting the special meeting. He felt he could request the special meeting because of concerns that some board members might have that he felt were not addressed in a timely manner and he could provide some additional information. He said when he felt there might have been some concern by some of the Board members was after the discussion in the open meeting and was under the impression when the Board went into a closed session that he would not be able to make any more comments. It was after the public hearing was closed that he heard Mr. Howard say that he felt the request had a significant impact on safety, especially fire safety. Mr. Baskin said had that concern been brought up during the public hearing, he could have given some insight or at least addressed the subject. After the meeting, Mr. Roach implied that the Board would have been setting a precedent by, granting the request. Board Member Roach stated that he did not mean to imply that the Board would be setting a precedent with the request. What he was implying was that he did not feel that the information that was provided to him personally was adequate for him to grant the request at that time. Mr. Baskin said he contacted the Fire Department and they do not see a problem with any safety issues. He also said that his wife is in the process of applying for a handicapped car tag. He reviewed the handouts given to the Board including information on his wife' s diagnosis from her doctors. P BOARD OF ADJUSTMENT February 13,2003 in response to Chairman Harris, Mr. Baskin said that if he were granted permission to build the garage, he planned to remodel the storage area outside the washroom into a hallway to access the garage. He explained that garage slabs are usually tapered from approximately 2" at the door that goes into the garage from the house out to about 6" at the front edge of the garage. His slab was poured up to make it level so that the walls, etc. in the storage area would be level. The garage was closed in before he purchased the house. It appeared to still be a garage because of the door, but it had been remodeled. He removed the garage door and made it into a bedroom. Alternate Member Pullig said that if a rehearing was granted, Mr. Baskin would need to explain why enclosing a carport that already exists meets the original criteria on the application. Chairman Harris said that before he would vote to rehear the case, he would need to have plans drawn up and know exactly what is going to be built. Mr. Baskin assured him he would build some esthetically pleasing. Discussion followed between Board members and Mr. Baskin regarding the size of the garage, materials to be used, visibility along the street, etc. Chairman Harris asked for comments in favor or in opposition. Dion Andrus, 5055 Bruce Drive, addressed the Board in favor of the request. The public hearing was closed. Discussion between the Board members followed. Board Member Jowers made a motion to grant a rehearing on March 6, 2003 of File 490- BA: a request for a variance to the required front yard setback of 25' to 5' at 5075 Bruce Drive. Board Member Roach seconded the motion. The vote on the motion to grant a rehearing of File 490-BA follows: Chairman Harris - For Board Member Jowers - For Board Member Roach - For Alternate Member Hilliard - For Alternate Member Pullig - Against The motion to grant a rehearing of File 490-BA carried 4: 1. K BOARD OF ADJUSTMENT February 13, 2003 In reference to the discussion between the Board members at the February 6 meeting, Board Member Roach asked Mr. Cooper if the Board, in the future, could ask that the room be cleared so that they can talk in private. Mr. Cooper replied that there is no provision in the law or in the Board's bylaws for a closed session. Board Member Roach asked if what the Board had been doing was illegal. Mr. Cooper said it was inappropriate. Mr. Cooper explained that the Board should close the public hearing but their deliberation and discussion should be audible for the audio tape and minutes. Alternate Member Hilliard asked if the Board could vote to modify the bylaws to have a closed session. Mr. Cooper explained that Board of Adjustment meetings are posted public meetings and the only way they can exclude persons from the meeting would be to go into an executive session that has been posted for matters that are listed in the Open Meetings Act that are appropriate for executive closed sessions. Deliberations and discussion relative to the matters that are before the Board would not qualify for an executive session, THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:55 P. M. 4