HomeMy WebLinkAbout4-1-99 BA MinutesBOARD OF ADJUSTMENT
April 1, 1999
City Council Chambers
A meeting of the Board of Adjustment was held on April 1, 1999 with the following members
present:
Board Member Bob Harris
Board Member Mary Jowers
Board Member Glenn Bodwin
Alternate Member Lynn DeMary
Alternate Member Ed Orr
Board Members absent: Board Member Dohn LaBiche
Board Member Alvin Cook
Alternate Member Lamar Roach
Alternate Member Joe Ashy
Also present; Stephen Richardson, Planning Director; Tyrone Cooper, First
Assistant City Attorney; Adina Abshire, Planning Technician and
Jill Cole, Recording Secretary.
APPROVAL OF MINUTES
Board Member Orr made corrections to the minutes of February 4, 1999.
Board Member DeMary made a motion to approve the minutes of the February 4, 1999
Board of Adjustment Public Hearing as corrected. Board Member Orr seconded the
motion. Motion to approve carried 5:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 423-BA: A equest for a special exception to the front yard building setback
ulations of Se on 30-25 B. 1. The applicant asks for an 18' setback from the front
property me. The regulations require a 25' setback.
Location: 2635 Hazel
Applicant: Eddie and Judy Manuel
BOARD OF ADJUSTMENT
April 1, 1999
Mr. Richardson told the Board that the Manuel's are planning a single family residence
on the subject property.
The property is in the Oaks Historic District. The plans for the house went before the
Historic Landmark Commission and received a Certificate of Appropriateness subject to
receiving Board of Adjustment approval for the special exception to the setback
requirement.
The structures on either side of the subject property are set back 22 feet and 281/2 feet,
The applicant shall have the burden of proof of justifying the special exception.
Twenty-two notices were mailed to property owners within 200 feet. Two responses in
favor and two in opposition were returned to staff.
Slides of the subject property were shown.
Board Member Harris, acting as Chairman, opened the public hearing and asked for the
applicant's comments.
Judy Manuel, the applicant, addressed the Board. She answered questions from the Board
regarding the oak tree at the rear of the lot and specifics of the layout of the house.
In response to Board Member DeMary, Mr. Richardson said that there were no objections
voiced at the Historic Landmark Commission meeting when this case was heard.
Board Member Harris asked for comments in favor or in opposition.
Jeff McManus addressed the Board in favor of the request. Mr. McManus is co-owner
of several businesses located in the subject block.
The public hearing was closed.
Discussion between Board members followed.
Board Member Jowers made a motion to approve the special exception to the front yard
setback requirement of 18' instead of 25' as requested in File 423-BA. Board Member
Bodwin seconded the motion.
The vote on the motion to approve File 423-BA follows:
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Board Member DeMary - Yes
Board Member Harris - Yes
Board Member Bodwin - Yes
Board Member Jowers - Yes
Board Member Orr - Yes
The motion to approve carried 5:0.
OTHER BUSINESS
BOARD OF ADJUSTMENT
April 1, 1999
Mr. Richardson updated the Board on possible changes to the Bylaws to make all members
regular members instead of having regular members and alternate members. According
to State law, if all nine members were regular. members, in order to approve any request,
a 75% vote, or seven concurring votes would be required. Currently, a concurring vote
of four of the five members voting, or 75 % of the nine total members is required. This
could create problems with getting a quorum in the future.
Discussion followed between Board members on whether or not this is a viable option, and
it was decided that input from the other members was needed before a decision was made.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:32
P. M.
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