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HomeMy WebLinkAbout8-13-15 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT August 13, 2015 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on August 13, 2015 and called to order at 3:05 p.m. with the following members present: Chairman Dana Timaeus Board Member Kelli Maness Board Member Joey Hilliard Board Member Mary Jowers Alt. Board Member Christy Amuny Board Members absent: None Also present: Adina Ward, Planner II; Fran Malvo, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard made a motion to approve the minutes of the Regular Meeting held June 4, 2015. Board Member Jowers seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 689-BA: Request for a variance to the minimum rear yard setback requirement from 25’ feet to 13.08’ feet. Location: 3485 Grey Hawk Applicant: John and Judy LeJune Ms. Ward presented the staff report. The LeJune’s have recently purchased the property and became aware of the discrepancy during closing negotiations. The property is zoned RM-H (Residential Multiple Family Dwelling-Highest Density) and it is believed that oversights were made due to the zoning. In an RS (Residential Single Family Dwelling District) the rear setback could be reduced to 15’ if no detached structures are to be allowed in the reduced yard. However, in RM-H zoning, no such exception is made. Such an oversight might explain why the building is located 12 feet into the required yard as opposed to 2 feet. Mr. Rebhi Hamdan is the builder of the property, rotated the structure on the oddly shaped lot in an attempt to better avoid a 5’ x 15’ utility easement along the east side of the lot. In doing so, he unknowingly pushed the west corner into what was the assumed 15’ setback. As the property to the rear is owned and maintained by Drainage District #6, no issues are anticipated with the rear neighbor. 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. Twelve notices were mailed to property owners within 200 feet of the subject property. No responses in opposition and none in favor were returned. Chairman Timaeus opened the public hearing and asked for comments. The applicant and the applicant’s builder were present. Rebhi Hamdan of Hamdan Homebuilders addressed the Board. John LeJune at 3485 Grey Hawk addressed the Board. No further discussion, Chairman Timaues closed the public hearing. Board Member Amuny made a motion to approve the request for a Variance to the minimum rear yard setback from 25’ to 13.08’ as requested in File 689-BA. Board Member Hilliard seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:30 P.M.