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* M I N U T E S *
BOARD OF ADJUSTMENT
April 4, 2019
City Hall, 801 Main Street
A Meeting of the Board of Adjustment was held on April 4, 2019 and called to order at 3:05 p.m. with
the following members present:
Chairman Dana Timaeus
Board Member Joey Hilliard
Alternate Board Member Tom Rowe
Alternate Board Member Lee Smith
Board Members absent: Board Member Jeff Beaver
Alternate Board Member Christy Amuny
Also present: Adina Josey, Senior Planner; Fran Malvo, Recording Secretary,
Sharae Reed, City Attorney
APPROVAL OF MINUTES
Board member Hilliard made a motion to approve the minutes for March 7, 2019. Alternate
Board member Smith seconded the motion. Motion to approve the minutes carried 4:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 737-BA: Consider a request for a Variance to the minimum exterior side setback in an RS
(Residential Single Family Dwelling) District from 10’ to 6’.
Applicant: Judith Rich
Location: 2394 Angelina Street
Mrs. Josey presented the staff report and stated that the dwelling was originally constructed as
an apartment building. Judith Rich is requesting a Variance to the minimum side yard setback
for the property at 2394 Angelina Street (rear). The subject property is on a corner lot and
therefore requires a 10’ exterior side yard setback. The existing building is a legal non-
conforming structure due to its age and was built 1’4” over the west side yard property line.
Ms. Rich is requesting this Variance in order to properly align the addition to the east end of
the original building, allowing for a 33’8” addition, leaving 6’4” to the west side yard property
line.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary
for approval have been met.
BOARD OF ADJUSTMENT
April 4, 2019
Slides of the subject property were shown. Mrs. Josey stated to the board members that one of
the City Inspectors placed a stop work order on the property because work was being done
without permits. Discussion followed between Mrs. Josey and the board. Mrs. Josey believed
the structure had been in its location since before 1981. The structure is considered as legal
non-conforming. Twenty-one (21) notices were mailed to property owners within 200 feet of
the subject property. None were received in favor and one was received in opposition.
The applicant was present. Ms. Judith Rich, 995 Monterrey, addressed the board. She stated the
building contains three (3) apartment units. She added that a fire occurred in 2015 and the
structure received major water damage. Ms. Rich told Chairman Timaeus that when she
purchased the property approximately twenty-five (25) years ago, the structure was originally a
garage for the home that is in front of the now apartment complex. She then later remodeled the
garage into an apartment for her daughter and son-in-law. Mrs. Josey showed slides of the
subject property again. Discussion followed. No other questions or comments for the applicant.
Board member Smith made a motion to approve the request for a Variance to the minimum
exterior side setback in an RS (Residential Single Family Dwelling) District from 10’ to 6’. No
one seconded the motion. Board member Rowe made a motion to deny the request for a
Variance to the minimum exterior side setback in an RS (Residential Single Family Dwelling)
District from 10’ to 6’ as requested for File 739-BA. Board member Hilliard seconded the
motion. Motion to deny carried. 4:0.
OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:46 p.m.
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