HomeMy WebLinkAbout4-6-17 BA Minutes
* M I N U T E S *
BOARD OF ADJUSTMENT
April 6, 2017
City Hall, 801 Main Street
A Meeting of the Board of Adjustment was held on April 6, 2017 and called to order at 3:04 p.m. with
the following members present:
Chairman Dana Timaeus
Board Member Jeff Beaver
Board Member Mary Jowers (arrived at 3:05 p.m.)
Alt. Board Member Lee Smith
Alt. Board Member Tom Rowe
Board Members absent: Board Member Kelli Maness
Board Member Joey Hilliard
Alt. Board Member Christy Amuny
Also present: Adina Josey, Planning and Zoning; Raymond Rowzee, Planning and
Zoning, Fran Malvo, Recording Secretary, Tyrone Cooper, Senior City
Attorney
APPROVAL OF MINUTES5
Board Member Smith made a motion to approve the minutes from the January 5, 2017 regular meeting.
Board Member Beaver seconded the motion. Motion to approve carried 4:0.
**Board Member Jowers arrived at 3:05**
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 714-BA: Consider a request for a Variance to the prohibition of Cellular telephone
transmission towers within two hundred (200) feet of a residentially zoned property.
Applicant: Eco-Site
Location: 3410 Concord Road
Mrs. Josey presented the staff report.
Eco-Site, is requesting a variance to Section 28.04.008 Special Conditions, of the Zoning Ordinance
which states, “Cellular telephone transmission towers shall be prohibited within two hundred (200)
feet of a residentially zoned property. The method of measuring the distance between the cellular
telephone transmission tower and the residential zoning district shall be from the nearest lease or
property line of the cellular telephone transmission tower facility to the nearest residential district
BOARD OF ADJUSTMENT
April 6, 2017
boundary.” The applicant states that the proposed tower to be located at 3410 Concord Road, will be
100 feet in height, in order to minimize the visual impact on the neighborhood. Although the tower
would be over 150 feet from the nearest residential zoned property, it would be as close as 138 feet to
the nearest residence.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a
Variance have been met.
Slides of the subject property were shown.
Ten (10) notices were mailed to property owners within 200 feet of the subject property. No responses
were received in favor or in opposition.
A brief discussion followed. Jaimie Miller, representing Eco-Site addressed the Commission. Mr.
Miller stated that more people are disconnecting their land lines and are converting to cell phone Mr.
Miller stated that Eco-Site will be build the tower to eventually have multiple cellular carriers. The
tower would be a monopole. Discussion followed.
Di Board member Smith made a motion to approve the request for a Variance to the prohibition of
Cellular telephone transmission towers within two hundred (200) feet of a residentially zoned property
as requested in File 714-BA. Board member Rowe seconded the motion. Motion to approve carried
5:0.
2) File 715-BA: To consider a request for a variance to the minimum interior side yard setback
for property in a commercial zoning district adjacent to a residential district.
Applicant: Gary Wallace
Location: 4220 Treadway
Gary Wallace is requesting a variance to the side setback at 4220 Treadway Road. The property is
zoned GC-MD (General Commercial-Multiple Family Dwelling) and is located adjacent to property
zoned RM-H (Residential Multiple Family Dwelling-Highest Density). The ordinance states that when
commercial zoned property is adjacent to residential zoned property, the side setback increases from 5
feet to 20 feet. The existing commercial structure on the property sits 10 feet from the side property
line. The property owner would like to expand the existing structure and maintain the existing setback.
Therefore, the request is to allow a Variance to the required 20 foot setback to allow a 10 foot setback.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a
Variance have been met.
Slides of the subject property were shown.
Nine (9) property notices were mailed to property owners within 200 feet of the subject property. No
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BOARD OF ADJUSTMENT
April 6, 2017
responses were received in favor or in opposition.
A brief discussion followed. Gary Wallace of Wallace Construction Company addressed the Board.
Mr. Wallace stated that he would replace the dilapidated 8 foot fence. Discussion followed. Board
member Jowers made a motion to approve a request for a Variance to the minimum interior side yard
setback for property in a commercial zoning district adjacent to a residential district as requested in
File 715-BA. Board member Beaver seconded the motion. Motion to approve carried 5:0.
S OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:28 p.m.
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