HomeMy WebLinkAbout11-5-98 BA Minutes.*MINUTES*
BOARD OF ADJUSTMENT
November 5, 1998
City Council Chambers
A meeting of the Board of Adjustment was held on November 5, 1998 with the following members
present:
Board Member Bob Harris
Board Member Glenn Bodwin
Board Member Lamar Roach
Board Member Lynn DeMary
Board Member Ed Orr
Board Members absent: Board Member Dohn LaBiche
Board Member Mary Jowers
Board Member Joe Ashy
Board Member Alvin Cook
Also present: Stephen Richardson, Planning Director; Murray Duren,
Senior Planner; Tyrone Cooper, First Assistant City
Attorney; Adina Abshire, Planning Technician and Nancy
Nicholas, Recording Secretary.
APPROVAL OF MINUTES
Board Member Roach made a motion to approve the minutes of the August 20, 1998 Special
Meeting. Board Member Bodwin seconded the motion. Motion to approve carried 5:0.
SWEARING IN OF WITNESSES
Mr. Richardson welcomed Board Member Orr and Board Member DeMary to the Board of
Adjustment.
Stephen Richardson, Planning Director, asked that the Board of Adjustment defer items
1,3,4,5 and 6 until March 4, 1999. Some concerns over the regulations have been expressed
by residents of the Historic District and some City Council members.
Board Member Roach made a motion to defer Items 1,3,4,5 and 6 until March 4, 1999.
Board Member Bodwin seconded the motion. Motion carried 5:0.
PUBLIC HEARING
File 414-BA: A request for a variance to allow a sign to encroach 9' into the 10' required
setback for GC -MD (General Commercial -Multiple Family Dwelling) District.
Location: 4335 Laurel Street
Applicant: McClelland, Samuel & Fehnel, L.L.P. Certified Public Accountants
Mr. Richardson told the Board that the applicant wishes to construct a new monument sign
on the subject property at 4335 Laurel. The property is zoned GC -MD. The accounting firm
has an existing sign located within the right-of-way.
The sign ordinance requires a setback of 10 feet.
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. Three responses in favor
and none in opposition were returned to staff.
Board Member Harris asked if there were any questions for Mr. Richardson.
Board Member Harris wanted to know the approximate placement of the new sign.
Mr. Richardson stated that Mr. Duren would present a clearer diagram to the Board that
showed the location of the sign.
Mr. Richardson stated that the applicants were in the audience.
Board Member Harris, acting as Chairman, opened the public hearing and asked for the
applicant's comments.
Mr. Al Fehnel, the applicant, addressed the Board. He told the Board that the new sign,
from a safety standpoint, will improve safety and visibility when leaving the property. The
property is close to a four way stop sign. Mr. Fehnel presented a diagram of the sign to be
installed.
Board Member DeMary asked how tall the sign would be from the ground to the top.
Mr. Fehnel replied that it would be approximately 9 feet. The sign will be placed one foot off
the right-of-way.
Board Member Orr asked if there would still be a clear view of the four way stop signs. Mr.
Fehnel replied that the sign will not interfere with the visibility of the stop signs.
Board Member DeMary asked how the sign would be located in reference to the parking lot.
Mr. Al Fehnel stated the parking area is located on the east side of the sidewalk. The sign will
be west of the sidewalk.
Board Member Harris closed the public hearing.
Discussion between Board members followed.
Board Member Roach made a motion to approve the variance to allow a sign to encroach
nine feet into the 10 foot required setback as requested in File 414-BA,
Board Member DeMary seconded the motion. Board Member Harris called for a roll call
vote. The results are as follows:
Board Member Harris - For
Board Member Bodwin - For
Board Member Roach - For
Board Member DeMary - For
Board Member Orr - For
Motion to approve carried 5:0.
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.