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HomeMy WebLinkAbout5-1-97 BA MinutesBOARD OF ADJUSTMENT May 1, 1997 City Council Chambers A meeting of the Board of Adjustment was held on May 1, 1997 with the following members present: Board Member Bob Harris Board Member Dohn LaBiche Board Member Chuck Mason Board Member Lamar Roach Board Members Absent: Board Member Mary Jowers Board Member Glenn Bodwin Board Member Alvin Cook Board Member Joe Ashy Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Maria Trapp, Planning Technician and Jill Cole, Recording Secretary. APPROVAL OF MINUTES Board Member Mason made a motion to approve the minutes of the April 3, 1997 Board of Adjustment Public Hearing. Board Member LaBiche seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 397-BA: A request for a special exception to the setback regulations for a proposed owner identification sign in an HI (Heavy Industrial) District. Location: 85 and 87 111- 10 North Applicant: Mike Barnett, property representative Mr. Richardson told the Board that the request was for a special exception for a Yx 8'owner identification sign in the front yard of the property located at 87 IH- t 0 North. Packard and Packard Law Finii wishes to construct an identification sign in front of the Regents Park office complex, The proposed sign would be located 4 feet from the property line which BOARD OF ADJUSTMENT May 1, 1997 would put it 18'from the curb. The sign ordinance requires a setback of 10 feet, The applicants considered a number of locations at the required 10 foot setback, but none of them proved effective because of existing trees, telephone poles, fencing or other signs. The proposed sign will cause no sight restrictions and would not adversely affect the value and use of neighboring properties or be contrary to the public interest. Mr. Richardson recommended approval of the special exception. Ten notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. Board Member Mason asked if the sign would be located the same distance off the road as the other sign. Mr. Richardson said it would be further back than the existing sign. In response to Board Member Harris, Mr. Richardson said that the other tenants in Regents Park did not receive notices of the request. Board Member Harris, acting as Chairman, opened the public hearing and asked for comments. Hal LaPray, attorney with Packard and Packard Law Firm, addressed the Board. Mr. LaPray said that in their negotiations with the property owner, they were told that there were no other tenants that had signage rights in their contracts. Board Member LaBiche asked if there was any reason why the sign couldn't be placed on the front building. Mr. LaPray replied because Packard and Packard is not located in the front building, but in the back building on the second floor. Discussion of signage followed. Board Member Harris closed the public hearing. Board Member Mason made a motion to approve the special exception as requested in File 397- BA. Board Member LaBiche seconded the motion. Motion to approve failed 2:2. 2) File 398-BA: A request for a variance of a residential side yard setback for a proposed addition to an existing home located in an RS (Residential Single Family Dwelling) District, Location: 885 Goodhue Road Applicant: Reverend B. H. Clendemen N BOARD OF ADJUSTMENT May 1, 1997 Mr. Richardson said the request for a variance of the interior side yard setback is for a proposed addition to the house located at 885 Goodhue. The property is zoned RS (Residential Single Family Dwelling) District. The property owner wishes to enclose his existing garage and construct a new 32'x 23'garage attached to the house. The now garage would be set back three feet from the north property line. The zoning ordinance requires five feet, The existing garage now sits 25'6" from the north property line. Staff feels that the applicant has not adequately demonstrated how this request meets the three conditions for approval. The Planning Director recommended denial of the request. Twenty-four notices were mailed to property owners within 200 feet of the subject property. Two responses in favor and two in opposition were returned. Board Member Harris opened the public hearing and asked for comments. Robert Tumage addressed the Board on behalf of Reverend Clendennen. Discussion between Board members and Mr. Tumage regarding placement of the proposed garage followed, Ed Bland of Bland Builders addressed the Board. Discussion between Board members, staff and Mr. Bland regarding alternative solutions followed. Board Member Harris closed the public hearing. Board Member LaBicbe made a motion to deny the variance request of File 398-BA. Board Member Mason seconded the motion. Motion to deny carried 4:0. 3) File 399-BA: A request for a variance to the front yard setback regulations for an accessory structure (tent -canopy) located at a business in a GC -MD (General Commercial -Multiple Family Dwelling) District. Location: 4415 College Street (U. S. Hwy, 90) Applicant: Magic Car Wash and Lube Center, Greg Corkran This item is a request for a variance of the front yard setback for a 24' x 36' accessory structure located at 4415 College. KI BOARD OF ADJUSTMENT May 1. 1997 This is the location of the new Magic Car Wash that was recently constructed. Magic Car Wash has constructed a tent -like structure two feet from the front property line. This structure is used for drying and detailing vehicles. In a GC -MD District, a 20 foot setback is required. This structure was not shown on the original site plan approved by the City. According to the applicant, the location as shown is the only place to put it where it will not interfere with the flow of on -site traffic. The business also includes gasoline pump bays, lube shop bays, a vacuum area and wash tunnel. The applicant feels that moving the structure back 20 feet would then put it in the maneuvering area for the aforementioned uses. Staff feels that the applicant has met the conditions for approval of the variance. Mr. Richardson said that he would like to modify his recommendation for approval in that if it is approved, it be moved back an additional foot to at least three feet because there is some question about landscaping that it is still being worked out. The zoning ordinance normally requires a Glandscape strip. Three feet of that can be on the subject property and three feet of that can be on the right-of-way if it does not interfere with sight and traffic flow. The concrete stab has been built up to the property line and there is still some discussion between the property owner and the city as to what is going to be done with the landscaping which is currently all on the state right-of-way. Fifteen notices were mailed to property owners within 200 feet of the subject property. No responses were returned in favor or in opposition. There was a discussion between the Board and staff regarding the landscaping. Board Member Harris opened the public hearing and asked for the applicant's comments. Greg Corkran and Tim Hendon, owners of Magic Car Wash, addressed the Board. Discussion followed between the applicants and the Board regarding placement of the tent, sight obstruction, etc. Mr. Duren told the Board that he drove in and out of the subject property and there is no sight or traffic obstruction. Discussion of temporary structures and possibly moving the applicant's tent back and forth followed. Board Member LaBiche made a motion to approve the variance request of File 399-BA without the Pmoving stipulation unless there is a landscaping requirement and then it would be required to be moved to accommodate the landscaping. Board Member Mason seconded the motion. Motion to approve carried 4:0. 4 BOARD OF ADJUSTMENT May 1, 1997 OTHER BUSINESS Discussion of the workshop that was on the agenda. The Board members decided to postpone the workshop until a later date. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 91