Loading...
HomeMy WebLinkAbout4-4-13 BA Minutes*MINUTES* BOARD OF ADJUSTMENT April 4, 2013 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on April 4, 2013 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Vice -Chairman Pat Avery Alternate Member Kelli Maness Alternate Member Christopher Plaunty Board Members absent: Board Member Bob Harris Board Member Joey Hilliard Board Member Mary Jowers Alternate Member Christy Amuny Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner II, Tyrone Cooper, City Attorney; Chris Boone, Community Development Director; Bill Cobabe, Senior Planner APPROVAL OF MINUTES Vice -Chairman Avery made a motion to approve the minutes of the Regular Meeting held March 7, 2013. Board Member Plaunty seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 663-BA: Request for a variance to the minimum rear yard building setback requirement for an accessory building from 2.5' to 0'. Location: 2525 Rusk Street Applicant: Justino V. Jaimes Mr. Cobabe presented the staff report. * * * *Justino Jaimes, owner of the home at 2525 Rusk Street, is requesting a variance to the minimum rear yard building setback for accessory strucutres from BOARD OF ADJUSTMENT April 4, 2013 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 10'to 7.84'. Location: 1030 2I't Street as requested in File 661-BA with the understanding that the building will 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 2 BOARD OF ADJUSTMENT April 4, 2013 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 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.