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HomeMy WebLinkAbout4-5-12 BA MinutesA Regular Meeting of the Board of Adjustment was held on April 5, 2012 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timacus Board Member Bob Harris Alternate Member Kelli Maness Alternate Member Christopher Plaunty Board Members absent: Vice -Chairman Pat Avery Board Member Joey Hilliard Board Member Mary Jowers Alternate Member Christy Amuny Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Sharae Bassett, Assistant City Attorney H } APPROVAL OF MINUTES Board Member Harris made a motion to approve the minutes of the Regular Meeting held January 5, 2012. Board Member Maness seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 639-BA: Request for a variance to the minimum front yard building setback from 25' to 21.83'. Location: 1070 N. 7" Street Applicant: Leonard Provost Mr. Richardson presentedthe staff report. The applicant applied for a variance to the minimum front yard building setback from 25' to 21.83' for a garage extension at 1070 N. 7" Street. Mr. Provost stated that a previous owner had constructed an interior closet by taking in part of the garage. This thereby shortened the garage so that is hard to park a vehicle in the garage. He would like to construct a 3.17' addition onto the front of the garage. Mr. Provost says that 7`' Street is very ( busy and the property owner would like to be able to park his car in the garage for protection of the vehicle. BOARD OF ADJUSTMENT ApiA 5, 2012 The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty-one notices were mailed to property owners within 200 feet. Three notices in favor and none in opposition were returned. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Leonard Provost, the applicant, addressed the Board and presented a drawing. 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 Maness made a motion to approve a variance to the minimum front yard building setback from 25' to 21.83' at 1070 N. Th Street as requested in File 639-BA. Board Member Harris seconded the motion. Motion to approve carried 4:0. 2) File 640=BA: Request for a variance to the minimum front yard building setback from 20' to 3.43' and 8.43' and to the minimum side yard building setback from 10' to 1.54'. Location: 1222 Wall Applicant: Benny Mendoza Mr. Richardson presented the staff report. This item is a request for a variance to the front yard building setback from 20' to 3.43' and 8.43' and to the minimum side yard building setback from 10' to 1.54'. The applicant, Benny Mendoza, stated that moving the buildings would cause a hardship in that the buildings are already constructed (without building permits) and would be costly to move or demolish. The two larger buildings are leased for social events. The alley was abandoned by City Council on March 27. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Seventeen notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Barrett Lindsay addressed the Board on behalf of Mr. Mendoza. Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The public hearing was closed. 2 BOARD OF ADJUSTMENT April 5, 2012 Discussion between the Board members followed. Board Member Maness made a motion to approve a variance to the minimum front yard building setback from 20' to 3.43' and 8.43' for the property at 1222 Wall Street as requested in File 640-BA. Board Member Harris seconded the motion. Motion to approve carried 4:0. No motion was made on the variance to the minimum side yard building setback from 10' to 1.54'. The applicant withdrew the request for the minimum side yard building setback. 3) File 641-BA: Request for a variance to the minimum setback for a pool pump from 5' to 2'. Location: 7735 Summer Wind Applicant. Premier Pools and Spas Mr. Richardson presented the staff report. The applicant, Premier Pools and Spas, stated that due to the lack of space between the homes, it is impossible to set the pool pump five feet from the side property line. The application stated that there is not enough room to put the pump equipment in the rear yard. The pool and pump equipment were installed without a building permit. The applicant shall have the -burden -of proof to demonstrate that all three conditions necessary for approval have been met.. Thirty-one notices were mailed to property owners within 200 feet. One response in favor and five in opposition were returned. Discussion between the Board and Mr. Richardson followed. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Jason Woods with Premier Pools and Spas addressed the Board on behalf of the property owner, Walter Naymola. Discussion followed between the Board and Mr. Woods. Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member Harris made a motion to approve a variance to the minimum setback for a pool pump from T to Tat 7735 Summer Wind as requested in File 641-BA. Board Member Plaunty seconded the motion. Motion to approve carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:27 P.M.