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HomeMy WebLinkAbout3-7-13 BA Minutes*MINUTES* BOARD OF ADJUSTMENT March 7, 2013 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on March 7, 2013 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Vice -Chairman Pat Avery Board Member Bob Harris Alternate Member Kelli Maness Alternate Member Christy Amuny Board Members absent: Board Member Joey Hilliard Board Member Mary Jowers Alternate Member Christopher Plaunty Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner; Lauren Beamon, First Assistant City Attorney; Chris Boone, Community Development Director; Bill Cobabe, Senior Planner APPROVAL OF MINUTES Board Member Harris made a motion to approve the minutes of the Regular Meeting held February 7, 2012. Board Member Avery seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 661-BA: Request for variances to the minimum side yard building setback requirement from 7.5' to 5.24' and from the rear yard building setback requirement from 10' to 7.841 . Location: 1030 21't Street Applicant: Darran Dollarhide Mr. Richardson presented the staff report. Darran Dollarhide, the property owner, states that a greenhouse was built at this location back in 1953. The greenhouse was destroyed by Hurricane Rita. Following a complaint of work being done on a new accessory structure without building permits, the City made an inspection in September, 2009 and found that a two story accessory structure was BOARD OF ADJUSTMENT March 7. 2013 being constructed and a stop work order was issued. In November, 2009, another inspection was made and found work was continuing and a second stop work order was issued. On May 10, 2010, the City sent Mr. Dollarhide a letter stating that the structure must be removed within 15 days in order to comply with the Building Code and the Zoning Ordinance. On June 16, 2010, Mr. Dollarhide applied for a building permit to construct a one story accessory building. That permit was approved subj ect to meeting the 5' side yard setback and a 10' rear yard building setback which would keep the building out of the easement. In late 2012, Mr. Dollarhide met with staff to discuss what he must do to bring his building into compliance. At that time, he was informed that he would need to get a license to encroach into the utility easement and get variances to the rear yard and side yard building setbacks. As part of the process, he got permission from Entergy to locate his accessory building within the utility easement. City Council must grant approval to officially encroach into the easement. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty-seven notices were mailed to property owners within 200 feet. No responses in favor and two in opposition were returned. Slides of the subject property were shown. Discussion between Mr. Richardson and the Board regarding specifics of the subject property. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Darran Dollarhide, the applicant, addressed the Board and answered questions. Mr. Dollarhide said that the prior owner had a greenhouse and that he had converted it into a storage unit. He did not know at the time that there was an issue of it being a two story structure. He spoke with the City and became aware that it needed to be only a one story structure. He is proposing that the roof be lowered so that it meets code, finish it out and put a fence along the back of the property so it's not visible to the neighbors. Chairman Timaeus asked for comments in favor or in opposition. Shirley Boyle, 1035 20' Street, addressed the Board in opposition to the request. Mrs. Boyle lives behind the subject property. Chairman Timaeus closed the public hearing. Discussion followed between the Board members. Board Member Amuny made a motion to deny variances to the minimum side yard building setback requirement from 7.5' to 5.24' and from the rear yard building setback requirement from I W to 7.841 . Location: 1030 2 1 " Street as requested in File 661-BA with the understanding that the building will 2 BOARD OF ADJUSTMENT March 7. 2013 be made into a one story structure and with enforcement suspended before the applicant can appear before City Council and request a License to Encroach. Board Member Harris seconded the motion. Motion carried 5:0. 2) File 662-BA: Request for variances to the minimum side yard building setback from 20' to 9.9' for Building A and to 17.0' for Building B. Location: 4550 N. Major Drive Applicant: Daniel Dotson, P.E. for Fittz & Shipman, Inc. Mr. Richardson presented the staff report. In June, 2012, building plans for Stoneleigh Apartments, Phase II were approved by the City. The property is zoned GC-MD-2. The surrounding property is zoned GC-MD-2 to the north, east, west and southwest. To the southeast, the adjacent property is zoned RM-H. Where the subject property abuts the RM-H, a 20' building setback is required. Daniel Dotson, representing Fittz & Shipman, states that due to the narrowness of the property, the garages and one apartment building needed to be installed in the 20' setback. He states that this is due to the building code requirements for building separations, driveway widths and fire lane clearances. As for the property to the southeast, while owned by a different entity, the RM-H zoning would suggest the property will be developed with apartments as well. Under RM-H zoning, the required side yard building setback would be 5' for a one story building and 7 '/2 for a two story building. When Planning reviewed the building plans, it inadvertently approved the setbacks as shown with the understanding that all the property would, more than likely, be developed as multi -family residential. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Five notices were sent to property owners within 200 feet. No responses in favor or in opposition were returned, Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Don King with Fittz & Shipman addressed the Board on behalf of Daniel Dotson. Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between the Board members. Board Member Harris made a motion to approve variances to the minimum side yard building BOARD OF ADJUSTMENT March 7. 2013 setback from 20' to 9.9' for Building A and to 17.0' for Building B at 4550 N. Major Drive as requested in File 662-BA. Vice -Chairman Avery seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 11