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HomeMy WebLinkAbout5-4-17 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT May 4, 2017 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on May 4, 2017 and called to order at 3:07 p.m. with the following members present: Chairman Dana Timaeus Board Member Kelli Maness Board Member Mary Jowers Alt. Board Member Lee Smith Alt. Board Member Tom Rowe Board Members absent: Board Member Jeff Beaver 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 MINUTES Board Member Rowe made a motion to approve the minutes from the April 6, 2017 regular meeting. Board Member Jowers seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 716-BA: Consider a request for a Variance to the front and side yard setbacks. Applicant: Tanna Harris-Semiene Location: 5220 Fairview Avenue Mrs. Josey presented the staff report. Tanna Harris-Semiene is requesting variances to the front and side setbacks for her property at 5220 Fairview Avenue. Ms. Harris-Semiene hired a contractor to pave driveways and construct a carport. The carport was constructed without a permit and is located 0.57' from the front property line and 0.8' from the side property line. The zoning ordinance requires a minimum 25' front setback and a minimum 5' side setback in an RS (Residential Single Family Dwelling) District. In addition, concrete has been poured 2.07' from the side property line. The zoning ordinance requires concrete be a minimum of 2.5' from a shared property line. Concrete is encroaching on the right-of-way as well, but BOARD OF ADJUSTMENT May 4, 2017 that portion of the driveway will be saw-cut and removed. 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. Thirty-four (34) 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. Chairman Timaeus asked Mrs. Josey to show slides of the subject property a second time so the Commission could get a better view of the property. A brief discussion followed. Tanna Harris-Semiene addressed the Commission. Discussion followed. Ms. Harris-Semiene stated that she purchased the home from Mr. Van Meter in 2011. Chairman Timaeus stated that the concrete needed to be cut and the overhang needed to be removed. Commissioner Maness made a motion to approve a variance for encroachment of a structure at its current position within the 5 foot side yard setback. Commissioner Smith seconded the motion. Commissioner Smith made a motion to approve a variance for the particular structure in its particular place as it exists waiving only the structure within the 25 foot front yard setback. Commissioner Maness seconded the motion. 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. S OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:55 p.m. 2