HomeMy WebLinkAbout8-20-98 BA MinutesBOARD OF ADJUSTMENT
SPECIAL MEETING
August 20, 1998
City Council Chambers
A Special Meeting of the Board of Adjustment was held on August 20, 1998 with the following
members present:
Board Member Bob Harris
Board Member Dohn LaBiche
Board Member Mary Jowers
Board Member Glenn Bodwin
Board Member Alvin Cook
Board Members absent: Board Member Joe Ashy
Board Member Lamar Roach
Also present: Stephen Richardson, Planning Director; Murray Duren, Senior
Planner; Tyrone Cooper, First Assistant City Attorney; Adina
Absbire, Planning Technician and Jill Cole, Recording Secretary.
APPROVAL OF MINUTES
Board Member Jowers made a motion to approve the minutes of the July 2, 1998 Board
of Adjustment Public Hearing. Board Member Bodwin seconded the motion. Motion to
approve carried 4:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 41 I -BA: A request for a variance of the front yard building setback for a single
family residence in an RS (Residential Single Family Dwelling) District.
Location: 4250 Cartwright Avenue
Applicant: Lynell Simien
BOARD OF ADJUSTMENT
August 20, 1998
Mr. Richardson told the Board that Mr. and Mrs. Kevin Simien, the property owners of
4250 Cartwright, are requesting a front yard setback variance from the required 25 feet
to 11.1 feet. The property lies partially on a cul-de-sac at the east end of Cartwright
Avenue where the street abuts Hillebrandt Bayou, west of 1-10.
A building permit was issued for the residence on April 23. Once the slab was poured,
it was discovered that the contractor had encroached into the required 25 foot setback.
The applicant shall have the burden of proof in providing to the Board of Adjustment that
the three conditions for granting a variance have been met.
Thirteen notices were mailed to property owners within 200 feet of the subject property.
Two responses in favor and none in opposition were returned to staff.
(Commissioner LaBiche arrived.)
Board Member Harris asked at the time the building permit was issued, was a plot plan
presented showing where the slab and foundation was located.
Mr. Richardson replied that the original plot plan showed the house to meet the setback
requirements.
Board Member Harris asked if it was moved forward 11 feet after that time.
Mr. Richardson replied yes.
Board Member Cook asked at the time of the inspection to pour slab, whose responsibility
is it to make sure the City Code is met.
Mr. Richardson replied that the Building Codes Division inspects various aspects of the
building of any structure but does not check the setback on the ground. The setbacks are
verified on the site plan.
Board Member Harris, acting as Chairman, opened the public hearing and asked for the
applicant's comments.
Lynell Simien, the applicant, addressed the Board. She told the Board that the plans for
their house were drawn before they purchased their lot, so it was depicted on a regular lot,
not a cul-de-sac lot. The survey company staked the property and the builder went 25 fee t
back from the property line. The people that poured the foundation actually went 30 feet
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BOARD OF ADJUSTMENT
August 20, 1998
back to make sure that it was far enough back. The house lined up evenly with the house
on the corner of Rainbow. The people that poured the foundation asked the survey
company if it was far enough back and they said that it was. The City inspector inspected
the foundation before it was poured, and he said everything was okay, so the foundation
was then poured. The title company found the mistake after the foundation was poured
and informed the Simiens that they needed to apply for a variance and that they needed
50% of the subdivision's signatures stating that it was okay to be that close to the cul-de-
sac. Mrs. Simien obtained the signatures needed.
Board Member Cook verified that when the City came out the first time to inspect, they
gave the Simiens permission to pour the foundation.
Further discussion between the Board and the applicants followed.
Board Member Harris asked for comments in favor or in opposition.
(Swearing in of audience member.)
Theartis Carr, owner of property at the comer of Rainbow and Corley, addressed the
Board in favor of the request.
Board Member Harris closed the public hearing.
Discussion between Board members followed.
Board Member Cook made a motion to approve the variance of the front yard building
setback from 25 feet to 11.1 feet for the residence at 4250 Cartwright as requested in File
411-BA. Board Member Jowers seconded the motion. Motion carried 5:0.
OTHER BUSINESS
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