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HomeMy WebLinkAbout6-1-17 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT June 1, 2017 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on June 1, 2017 and called to order at 3:03 p.m. with the following members present: Chairman Dana Timaeus Board Member Kelli Maness Board Member Jeff Beaver Board Member Mary Jowers Alt. Board Member Lee Smith Alt. Board Member Tom Rowe Board Members absent: 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, City Attorney APPROVAL OF MINUTES Board Member Maness made a motion to approve the minutes from the May 4, 2017 regular meeting. Board Member Smith seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 717-BA: Consider a request for a Variance to the minimum required front setback for a cul-de-sac, from 15 feet to 10.09 feet and to the minimum required side setback from 5 feet to 4.34 feet. Applicant: Trademark Investments/Trademark Homes Location: 3520 Abby Lane Mrs. Josey presented the staff report. Davis Bassa, on behalf of Trademark Homes, is requesting variances to the front and side setbacks for the property at 3520 Abby Lane. Upon completion of the home, it was discovered a subcontractor incorporated a 10 foot setback instead of the required 15 feet. The building is slightly askew on the property creating an encroachment at the rear corner of the structure as well. Correction of the encroachments would require extensive construction. BOARD OF ADJUSTMENT June 1, 2017 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. Twenty-one (21) notices were mailed to property owners within 200 feet of the subject property. Nine (9) responses were received in favor and none were received in opposition. A brief discussion followed. John Hamilton, the Superintendent for Trademark Homes addressed the Board. Mr. Hamilton stated that he did not realize there was a problem until they were in the process of installing a privacy fence. The home is complete and it is for sale. Mr. Hamilton stated that it was a mistake by the concrete company and that there was no survey of the slab once the foundation was laid. However, there was a survey of the property from Faust Engineering and Surveying. Discussion followed. David Bassa, a representative of Trademark Homes, addressed the Board. A brief discussion followed. Di Board member Smith made a motion to approve the request for a Variance to the minimum required front setback for a cul-de-sac, from 15 feet to 10.09 feet and to the minimum required side setback from 5 feet to 4.34 feet as requested for File 717-BA. Board member Beaver seconded the motion. Motion to approve carried 6:0. 2) File 718-BA: Consider a request for a Variance to the minimum required front setback for a cul-de-sac, from 15 feet to 10.88 feet. Applicant: Trademark Investments/Trademark Homes Location: 3515 Abby Lane Mrs. Josey presented the staff report. David Bassa on behalf of Trademark Homes, is requesting variances to the front and side setbacks for the property at 3515 Abby Lane. Upon completion of the home, it was discovered a subcontractor incorporated a 10 foot setback instead of the required 15 feet. Correction of the encroachment would require extensive construction. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance has been met. Slides of the subject property were shown. Twenty-eight (28) notices were mailed to property owners within 200 feet of the subject property. Thirteen (13) notices were received in favor and none were received in opposition. Mr. Hamilton addressed the Board once again. A brief discussion followed. Board member Jowers made a motion to approve a request for a Variance to the minimum required front setback for a cul-de-sac, from 15 feet to 10.88 feet as requested for File 718-BA. Board member Maness seconded the motion. Motion to approve carried 6:0. 2 BOARD OF ADJUSTMENT June 1, 2017 S OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:36 p.m. 3