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HomeMy WebLinkAbout5-2-02 BA Minutes*MINUTES* BOARD OF ADJUSTMENT May 2, 2002 City Council Chambers A meeting of the Board of Adjustment was held on May 2, 2002 at 3:00 p.m. with the following members present: Board Member Bob Harris Board Member Georgine Guillory Board Member Lamar Roach Board Member Mary Jowers Alternate Member Gladys Allen Board Members absent: Board Member Dolor LaBiche Alternate Member Joey Hilliard Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planning Technician and Don Burrell, Building Official APPROVAL OF MINUTES Board Member Roach made a motion to approve the minutes of the April 4, 2002 Public Hearing. Board Member Jowers seconded the motion. Motion to approve carried 5:0, SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 476-BA: A request for a variance to the maximum area requirement of 12 sq. ft. to allow a 29 sq. ft. detached owner identification sign in the Oaks Historic District. Location: 1900 Broadway Applicant: Lynda Kay Makin BOARD OF ADJUSTMENT May 2,2002 Mr. Richardson stated that this case was denied at last month's meeting. The applicant, Ms. Makin asked that she be able to come back before the Board and that request was granted. This item is a request for a variance to the 12 square foot maximum area requirement for owner identification signs. The sign is located at 1900 Broadway and is 29 square feet in area. The property is in the Oaks Historic District. Lynda Makin, owner of the property, states that the building is primarily used as a law office. Since receiving her notification letter, she has removed one existing sign. At the street corner, there are two signs at approximately 90 degrees to each other. She would like to put these two signs back to back and then re -orient the double sided sign to sit on the corner at an angle. The proposed sign would be 29 square feet in area. The applicant shall have the burden of proof to demonstrate that all three conditions for a variance have been met. Nineteen 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. Board Member Harris opened the public hearing and asked for the applicant's comments. Lynda Makin, the applicant, addressed the Board and distributed additional information to the Board. She said that she can reduce the size of the sign from 29 sq. ft. to 16 sq. ft. which is 4 feet over the requirement. She showed the Board a template of the actual size of the proposed sign. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between the Board members followed. Board Member Guillory made a motion to approve a variance to the maximum area requirement of 12 sq. ft, to allow a 16 sq. ft. detached owner identification sign in the Oaks Historic District at 1900 Broadway as requested in File 476-BA. Board Member Jowers seconded the motion. The vote on the motion to approve File 476-BA follows: 2 BOARD OF ADJUSTMENT May 2, 2002 Board Member Harris - For Board Member Jowers - For Board Member Guillory - For Board Member Roach - For Alternate Member Allen - For The motion to approve File 476-BA at 16 square feet carried 5:0. 2) File 477-BA: A request for a variance from the required setback of ten feet from any property line for any part of a detached owner identification sign and a variance to the landscaping requirements for a detached owner identification sign. Location: 1075 M. L. K. Parkway Applicant: Eric Meadows, 1075 M. L. K. Partners, L. P. Mr. Richardson stated that this case was tabled at the last Board of Adjustment meeting, This item is a request for variances to the 10' setback requirement and the sign landscaping requirement for a sign to be constructed at 1075 Martin Luther King Parkway. Mr. Richardson said he had overlooked the request for the landscaping the last time but readvertised so that the Board could consider that request as well. Eric Meadows with Phelan Investments states that this property, the old Coca Cola Bottling Plant, is being renovated for a new tenant. The property is located in the M. L. K. Urban Corridor Overlay District. The Zoning Ordinance requires that no part of a sign be located any closer than 10 feet from any property line. They would like to place a sign I foot from the property line. The ordinance also requires that the sign be surrounded by 150 sq. ft. of landscaping. They would like this requirement waived. Mr. Meadows states that the setback and landscaping requirements would place the sign in the existing parking lot which is needed for the movement of trucks. The edge of the parking lot at the proposed sign location is approximately 4' 8 " from the property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Fifteen notices were mailed to property owners within 200 feet. One notice in favor and none in opposition were returned to staff. Slides of the subject property were shown. 3 BOARD OF ADJUSTMENT May 2,2002 Board Member Harris opened the public hearing and asked for the applicant's comments. Eric Meadows, the applicant, was not present. Board Member 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 Roach made a motion to deny a variance from the required setback of ten feet from any property line for any part of a detached owner identification sign and a variance to the landscaping requirements for a detached owner identification sign at 1075 M. L. K. Parkway as requested in File 477-BA. Alternate Member Allen seconded the motion. The vote on the motion to deny File 477-BA follows: Board Member Harris - For Board Member ♦ - For Board Member Guillory - For Board Member Roach - For The motion to deny File 477-BA carried 5:0. 3) File 478-BA: A request for a variance from the 20' front yard setback, a variance to the 20' side yard setback and a variance from the 15' rear yard setback for an addition to the Literacy Depot. Location: 1205 Franklin Applicant: Maurine Gray, City of Beaumont Library System Mr. Richardson stated that the request is for variances from the 20 foot front yard setback, the 20 side yard setback and the 15 foot rear yard setback requirements to allow a 15 foot front yard, a 1 foot side yard and a 14.5 foot rear yard at 1205 Franklin. Maurine Gray, Director of Library Services, is requesting these variances in order to place an antique railroad dining car next to the Literacy Depot. The Literacy Depot is the former KCS Depot. Due to the demand for service, the Literacy Program has run out of room and wishes to utilize the dining car for additional classroom 4 BOARD OF ADJUSTMENT May 2, 2002 space. The Kansas City Southern Railroad has a dining car which they are willing to donate and are willing to lay the tracks on which the dining car would sit. The property has a historic overlay designation on it. The placement of the dining car was approved by the Historic Landmark Commission in April. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twenty notices were mailed to property owners within 200 feet. No notices in favor or in opposition were returned to staff. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. Maurine Gray, the applicant, was not present. Board Member 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 variance from the 20' front yard setback, a variance to the 20' side yard setback and a variance from the 15' rear yard setback for an addition to the Literacy Depot at 1205 Franklin as requested in File 478-BA. Alternate Member Allen seconded the motion. The vote on the motion to approve File 478-BA follows: Board Member Harris - For Board Member Jowers - For Board Member Guillory - For Board Member Roach - For Alternate Member Allen - For The motion to approve File 478-BA carried 5:0. 5 BOARD OF ADJUSTMENT May 2, 2002 4) File 479-BA: A request for a variance to the building setback requirement for a front yard in an RS (Residential Single Family Dwelling) District. Location: 4280 Simpson Drive Applicant: John D. Casmore Mr. Richardson stated that the subject request is for a variance to the 15' front yard setback requirement to allow a 10.5' front yard at 4280 Simpson. Johnny Casmore, the applicant, is requesting this variance for a house under construction. On a cul-de-sac lot, the Zoning Ordinance allows a front yard setback of 15'. The Fleetwood Subdivision was platted with a 25' front yard setback. The original site plan showed the house set back 30' from the property line. During the construction of the house, a mistake was made in staking out the foundation. Mr. Casmore states that the house, as constructed, lines up with most of the other houses on Simpson. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Nineteen notices were mailed to property owners within 200 feet. Two in favor and one in opposition were returned. Slides of the subject property were shown. Board Member Roach asked Mr. Richardson to read the responses that were received. Board Member Harris opened the public hearing and asked for the applicant's comments. Johnny Casmore, the applicant, addressed the Board and answered questions from the Board regarding the distances of other houses from the street and how he measured for the subject property. Don Burrell, Building Official, was present and answered questions from the Board. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member Jowers made a motion to approve a variance to the building setback requirement for a front yard in an RS District at 4280 Simpson Drive as requested in File Pig 4 BOARD OF ADJUSTMENT May 2, 2002 479-BA. Alternate Member Allen seconded the motion. The vote on the motion to approve File 479-BA follows: Board Member Harris - For Board Member Jowers - For Board Member Guillory - For Board Member Roach - For Alternate Member Allen - For The motion to approve File 479-BA carried 5:0, OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:35 P. M. W