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HomeMy WebLinkAbout12-5-96 BA MinutesBOARD OF ADJUSTMENT December 5,1996 City Council Chambers A meeting of the Board of Adjustment was held on December 5, 1996 with the following members present: Board Member Glenn Bodwin Board Member Bob Harris Board Member Dohn LaBiche Board Member Chuck Mason Board Members Absent: Board Member Mary Jowers Also present: Murray Duren, Senior Planner; Lane Nichols, City Attorney; Maria Trapp, Planning Technician and Jill Cole, Recording Secretary. APPROVAL OF MINUTES Board Member LaBiche made a motion to approve the minutes of the November 7, 1996 Board of Adjustment Public Hearing. Board Member Mason seconded the motion. Motion to approve carried 4:0. . SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 389-BA: A request for a variance to allow a building encroachment into the 25 front yard building setback (front yard) of a residential lot for a distance of 6.42 feet. Location: #4 Winchester Cove (private street) Applicant: Herman R. Iles and Tom Vance. Mr. Duren told the Board that the variance request was to allow an encroachment of 6.42 feet into the 25' front yard building setback to enable the construction of a single family home in a small private subdivision located west of Dowlen Road. Winchester Subdivision has about 15 lots in it and Winchester Cove is a cul-de-sac that is a private street and it runs onto another private street that extends east to Dowlen Road and that's the lot where the applicant and the potential purchaser want to build a home. BOARD OF ADJUSTMENT December 5, 1996 The Planning Director recommended approval of the request because the applicant has shown compliance with Conditions A, B and C. Mr, Duren said that the front of the house would encroach about 6-1/2' into the setback. At the same time, the comer of the house will still be 27'back from the curb of the private street so this encroachment won't interfere with the view of drivers turning from the private drive onto the private street or vice versa. The lot is fairly small, although it meets the requirements for minimum lot size but the curb in front of the street, (as shown on case map), curves down in front of Lot 4 and they did try to situate the house on the lot various ways and none of them would work for the applicant. Twenty notices were sent to property owners within 200 feet of the subject property. No responses in opposition or in favor were returned. Board Member Harris asked if there are many houses already built in that area. Mr. Duren said that there are several homes that have already been constructed and there have been problems with Lot 4 and 15, the comer lots, that are both affected by the curvature of the street and the existing setbacks. Board Member Harris, acting as Chairman, opened the public hearing and asked for the applicant's comments. Herman lies, Jr. addressed the Board. In response to a question from Board Member Harris, Mr. Iles said that there are still some remaining lots for sale. A discussion between Board Member Harris and Mr. lies followed regarding remaining lots to be constructed. Discussion between the Board and Mr. Duren regarding setbacks followed. Board Member Harris closed the public hearing. Discussion between Board members followed. Board Member -Mason made a motion to deny the variance request to allow a building encroachment into the front yard building setback as requested in File 389-BA. Board Member Bodwin seconded the motion. Motion to deny carried 4:0. 2) File 390-BA: A request for a special exception to reconstruct, extend or enlarge a building occupied by a nonconforming use on a tract of land zoned RCR (Residential Conservation and Revitalization). Location: 2924 Concord Road Applicant: Ruben Sastre 2 BOARD OF ADJUSTMENT December 5, 1996 Mr. Duren told the Board that the applicant, Mr. Sastre, purchased an existing business several years ago. The business, Lombardo's Tree Service, is located in the 2900 block of Concord Road. When Mr. Sastre purchased the property it was already an existing and permitted use. Through the years, city regulations have changed. When the now zoning ordinance was adopted, tree services were still listed as a horticultural service and were a permitted use. Then the City changed some other regulations requiring a specific use permit and then the City did a rezoning study in the 1980's and rezoned several acres in this area to RCR which made the tree service a non -conforming use of the land. Mr. Sastre wants to demolish the existing structure and replace it with a metal building on a concrete slab. He is not proposing any now employees. Customers and clients do not come to this property. He is simply trying to remove this structure that is used only for storage of tools and equipment and replace it with a new building. The Planning Director recommended approval of the request for a special exception for the 40' x 49' metal. building. It will be in the public interest and is not contrary to the intent of the ordinance. Thirty-eight notices were mailed to property owners within 200 feet of the subject property. No responses in favor or in opposition were received by staff. Board Member Harris opened the public hearing and asked for the applicant's comments. Ruben Sastre, the applicant, addressed the Board. Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member LaBiche made a motion to approve the special exception request of File 390- BA as submitted. Board Member Mason seconded the motion. Motion to approve carried 4:0. 3) File 391-BA: A request for a variance to the residential sign regulations to allow an owner identification sign on a tract of land zoned RM-H (Residential Multiple Family Dwelling - Highest Density), said sign exceeding the area or square footage allowed and said sign encroaching into the required 25 ft. setback. Location: 4650 Collier Road Applicant: Global Construction Company, L.L.C. Mr. Duren told the Board that the request was for an institution located in a residential multi family district. The use is a residential care facility on Collier Road between Treadway and Crow Road. The applicants were ready to build the sign and they found out that the location and size were incorrect so they are asking for a setback variance from 25' to 0'. They want to put the sign on the property line rather than set it back 25' as required. K BOARD OF ADJUSTMENT December 5, 1996 The owner, ARV Assisted Living, Inc., wants to build a monument sign at the front of the property that would be approximately 94 square feet. They are requesting a size variance from the required 20 square feet. The height of the sign is T, which is in compliance with the sign ordinance. Forty notices were mailed to property owners within 200' of the subject property. One response in favor and none in opposition were received. The Planning Director recommended approval of the variance request to change the required setback from 25' to 0' to put the sign on the front property line and to allow a 94 square foot monument sign in lieu of the 20' that's required in the RM-H District. The location and size of the sign will not affect visibility of cars coming down Collier Road and will not be contrary to the public interest. The proposed location of the sign would provide for the maximum visibility while not requiring the removal of any existing trees, Board Member Harris opened the public hearing and asked for the comments in favor or in opposition.. Dave Holland of Southern Assisted Living Corporation, representing ARV Assisted Living, the owner of the property, addressed the Board. Mr. Holland answered questions from the Board. He said the distance from the edge of the sign to the curb is approximately 18 feet 9 inches. Board Member Harris closed the public, hearing. Discussion between Board members followed. Board Member Mason made a motion to approve a variance to the setback regulations of File 39 I -BA from 25 feet to 7-1/2 feet. Board Member LaBiche seconded the motion. Motion to approve carried 4:0. (Ed. The zero setback was not allowed.) Board Member LaBiche made a motion to approve the variance request for the size of the sign from 20 square to 94 square feet as requested in File 391-BA. Board Member Mason seconded the motion. Motion to approve carried 4:0. 4) File 392-BA: A request for a special exception to allow a structural encroachment into the front yard of a home situated on a comer lot. Location: 895 Jasmine Drive at Oleander Drive Applicant: Jenkins Construction Company Mr. Duren told the Board that the subject addition, North Mary Howell Addition, was platted in 1958, It's obvious from looking at the plat that Lot 10, Block 8, would front along and be addressed on Oleander and that Jasmine would be the exterior side yard. However, due to the depth of the lot and its irregular shape, the original owner sited the home facing Jasmine. His 4 BOARD OF ADJUSTMENT December 5. 1996 back yard (west side) is 28.5' deep which includes a 7.5' wide easement. His front yard presently extends to the east a distance of 49.5' from the front of the house to the property line on Jasmine. The side yard on the south is 5 feet. The north side of the house facing Oleander is about 32'off the property line measured along the driveway. The new home owner would like to add a third bedroom and a bathroom to the house. The most feasible location for the addition would be the southeast comer and extend it out toward Jasmine to the 20' recorded setback that is on the subdivision plat. The Planning Director recommended approval of the special exception. The exception will not adversely affect the value of adjacent property and this action will be in the public interest, Board Member Harris opened the public hearing and asked for comments in favor or in opposition. R. C. Tortorice, 935 Jasmine, addressed the Board in favor of the request. He agrees that the house needs the addition. Mike Jenkins of Jenkins Construction Company, the applicant, addressed the Board. Twenty-four notices were mailed to property owners with three returned in favor. Board Member Mason made a motion to approve the special exception to allow the encroachment into the front yard as requested in File 392-BA. Board Member LaBiche seconded the motion. Motion to approve carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 1.1