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HomeMy WebLinkAbout8-3-17 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT August 3, 2017 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on June 1, 2017 and called to order at 3:01 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Mary Jowers Alternate Board Member Lee Smith Board Members absent: Board Member Kelli Maness Alternate Board Member Tom Rowe Also present: Adina Josey, Senior Planner; Raymond Rowzee, Planner II, Fran Malvo, Recording Secretary, Sharae Reed, Assistant City Attorney APPROVAL OF MINUTES Alternate Board Member Smith made a motion to approve the minutes from the June 1, 2017 Regular Meeting. Board Member Jowers seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING *The applicant, Curtis Sharif was not present nor was his contractor at the time the meeting started.* 1) File 720-BA: Consider a request for a Variance to the minimum rear yard setback, from 25 feet to 12.57 feet. Applicant: Charlotte Bordeman Location: 4630 University Drive Mrs. Josey presented the staff report. Charlotte Bordeman is requesting a variance to the rear yard setback for her property located at 4630 University Drive. Ms. Bordeman would like to build an addition on the side of her house, lining up with the rear of the existing structure. An application was approved to abandon the alley behind the house, but this only provided an additional 5 feet to the rear yard. Prior to the abandonment, the house was sitting 7.57 feet from the rear property line. In the mid-1970s, the city widened University Drive, taking 30 feet of the front yards along the west side of the right-of-way. The house was moved back on the lot, since the front edge of the house was sitting on the right-of-way once it was widened. This created the existing reduced rear yard setback. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a BOARD OF ADJUSTMENT August 3, 2017 variance have been met. Slides of the subject property were shown. Twenty-five (25) notices were mailed to property owners within 200 feet of the subject property. Two (2) responses were received in favor and none were received in opposition. A brief discussion followed. The applicant, Charlotte Bordeman addressed the Board. Mrs. Bordeman stated that there is no parking on University Drive and she would like to add a cemented driveway. Mrs. Bordeman also stated that the setback is less than twenty-five (25) feet. A brief discussion followed. Di Board member Beaver made a motion to approve the request for a Variance to the minimum rear yard setback, from 25 feet to 12.57 as requested for File 720-BA. Board member Jowers seconded the motion. Motion to approve carried 4:0. 2) File 721-BA: Consider a request for a Variance to the minimum required front yard setback, from 25 feet to 8.3 feet and to the platted side setback from 25 feet to 15.64 feet. Applicant: Margarito Robledo Location: 4050 Bayou Road Mrs. Josey presented the staff report. Margarita Robledo is requesting a variance to the front and side yard setbacks for her property located at 4050 Bayou Road. Due to the platted orientation of this corner lot, the house faces the side yard. A covered area was constructed in the required 25 foot front yard setback. This cover sits 8.3 feet from the front property line. In addition, Ms. Robledo constructed a new carport in the side yard. The plat for the property was recorded with a 25 foot side setback. The carport, constructed without a permit, now sits 15.64 feet from the side property line. 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-one (21) notices were mailed to property owners within 200 feet of the subject property. One response was received in favor and none were received in opposition. Mrs. Josey stated that the covered area and the carport are in violation of ordinance. The side yard setback is usually fifteen feet and no permits were obtained to complete the project. Jose, the applicants brother addressed the Board and explained that Margarita’s husband does yard work and that is the reason why the shed was built. The Robledo’s had been burglarized on several occasions and as a result they built the covered patio with plans to use the garage as a storage area. However, it was constructed without permits. Mr. Robledo was unaware of the need to obtain a permit before any work was performed. A brief discussion followed. Chairman Timaeus stated to Jose and Mrs. Robledo that if they intend to make any other changes to the property they must obtain permits first. Chairman Timaeus also stated if the work is done wrong, the Robledo’s will not be able 2 BOARD OF ADJUSTMENT August 3, 2017 to sell or insure the home. David Adoni, the next door neighbor spoke in favor of the request. Board member Beaver questioned if once the work is complete, will it need to be reinspected. Attorney Sharae Reed responded that once the work is complete, it needs to be reinspected and approved by the Inspector. Alternate Board member Smith made a motion to approve a request for a Variance to the minimum required front yard setback, from 25 feet to 8.3 feet, and to the platted side setback from 25 feet to 15.64 feet as request for File 721-BA. Board member Jowers seconded the motion. Motion to approve carried 4:0. 3) File 722-BA: Consider a request for a Variance to the minimum required front yard setback, from 25 feet to 19 feet. Applicant: Paul and Linda Suddath Location: 1625 Hyde Court Mrs. Josey presented the staff report. Paul and Linda Suddath are requesting a variance to the front setback for their property located at 1625 Hyde Court. The house was constructed without a covered front porch. The front of the house currently sits at the required 25 foot setback. The Suddath’s state that their house is the only one on the street without a covered front porch. They believe that a covered porch will help with the utilities and provide protection from the elements during inclement weather. In addition, they state the house looks incomplete without a covered porch. The local Home Owner's Association has given its approval of the Suddath's plans. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a Variance have been met. Slides were shown of the subject property. Twenty-five (25) notices were mailed to property owners within 200 feet of the subject property. Two responses were received in favor and no responses were received in opposition. The applicants, Mr. & Mrs. Suddath addressed the Board. Mr. Suddath stated the Committee with the Homeowner’s Association in his neighborhood approved the request. The contractor, Jeff Tucker addressed the Board and stated that he was unaware that a Variance was needed but he did obtain the permit in order to complete the project. A brief discussion followed. Board member Jowers made a motion to approve the request for a Variance to the minimum required front yard setback, from 25 feet to 19 feet as requested for File 722-BA. Board member Beaver seconded the motion. Motion to approve carried 4:0. 4) File 719-BA: Consider a request for a Variance to the minimum exterior side yard setback from 10 feet to 7.5 feet. Applicant: Curtis Sharif Location: 2640 San Antonio Street 3 BOARD OF ADJUSTMENT August 3, 2017 Mrs. Josey presented the staff report. Curtis Sharif is requesting a variance to the exterior side yard setback for his property at 2640 San Antonio Street. The property consists of two (2) houses situated on the same parcel, one facing Cartwright Street, and one facing San Antonio Street. The orientation of the underlying lots mandates a 10 foot side yard setback along the San Antonio Street frontage. Mr. Curtis applied for a permit to construct a carport next to the house facing San Antonio Street. The approved site plan shows a 10 foot setback. When an inspection of the property was made, the front posts for the structure had been constructed 5 feet into the right-of-way. The front posts will be removed and the second row of posts will become the front of the carport. These posts sit 7.5 feet from the side property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Slides were shown of the subject property. A brief discussion followed. The front posts were constructed on the right-of-way. The applicant was asked to have a survey done of the property. The new proposal would be to keep the existing posts 7.5 feet from the property line. Nineteen (19) notices were mailed to property owners within 200 feet of the subject property. Two responses were received in favor and none were received in opposition. The posts would need to be 10 feet from the street to meet setback requirements. Clifton Guillory, a friend of the applicant addressed the Board. Mr. Guillory stated that Mr. Sharif was out of the country and that he was speaking on his behalf. Alvin Husband, the contractor, addressed the Board. Mr. Husband stated that he poured over existing concrete work and added 10 extra feet. Mr. Sharif had already obtained the permit from the City. Discussion followed. Mr. Timaeus stated that there must be some type of unnecessary hardship in order for his request to be granted. Further discussion followed. Board member Smith made a motion to approve a request for a Variance to the minimum exterior side yard setback at 2640 San Antonio Street, to 7.5 feet from the right-of-way of San Antonio Street as requested for File 719-BA. Board member Beaver seconded the motion. Motion to approve carried 4:0. S OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:24 p.m. 4