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HomeMy WebLinkAbout5-3-12 BA Minutes*MINUTES* BOARD OF ADJUSTMENT May 3, 2012 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on May 3, 2012 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Bob Harris Board Member Joey Hilliard Board Member Mary Jowers Board Members absent: Vice -Chairman Pat Avery Alternate Member Kelli Maness Alternate Member Christopher Plaunty Alternate Member Christy Amuny Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner, Tyrone Cooper, City Attorney APPROVAL OF MINUTES Board Member Harris made a motion to approve the minutes of the Regular Meeting held April 5, 2012. Board Member Jowers seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 642-BA: Request for variances to the minimum lot depth/width/area from 100'/50'/5,000 sq. ft. to 74.971/411/3,073.77 sq. ft. and to the minimum front building setback from 25' to 157, to the minimum rear yard building setback from 25' to 24.8' and from the minimum side yard building setback from 7.5' to 4.6'. Location: Corner of N. 8th Street and North Street (685 N. 8th Street and 2401 North Street) Applicant: Will Hooks (Access Surveyors) Mr. Richardson presented the staff report. This item is a request for variances to the minimum lot depth/width/area from 100'/50'/5,000 sq. ft. to 74.9774173,073.77 sq. ft., respectively and to the minimum front yard building setback from 25' to 157, to the minimum rear yard building setback from 25' to 24.8' and from the minimum side yard building setback from 7.5' to 4.6'. The property is located at 685 N. 8' Street. BOARD OF ADJUSTMENT May 3, 2012 The property owner is replatting his property into two lots. The new Lot 1-A will be occupied by a house and a storage building. The new Lot 1-B will be occupied by a garage apartment. Because of the replatting, Lot 1-B will not meet minimum dimensions nor front, side and rear yard building setback requirements. Before the replat can go to the Planning Commission for approval, the aforementioned variances must be granted by the Board of Adjustment. 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. One response in opposition and none in favor were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant's comments. The applicant was not present. 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. Chairman Timaeus made a motion to deny variances to the minimum lot depth/width/area from 10075075,000 sq. ft. to 74.9774173,073.77 sq. ft. and to the minimum front building setback from 25' to 157, to the minimum rear yard building setback from 25' to 24.8' and from the minimum side yard building setback from 7.5' to 4.6' for the property at the corner of N. 8th Street and North Street (685 N. 8th Street and 2401 North Street) as requested in File 642-BA. Board Member Hilliard seconded the motion. Motion to deny carried 4:0. 2) File 643-BA: Request for a variance to the minimum setback for a pool and pool pump from 5' to 2'. Location: 7705 Savannah Applicant: Neil and Candace Spiller Mr. Richardson presented the staff report. Neil and Candace Spiller, the property owners, state that they would like to install a pool on the east side of the lot. The property is at the eastern end of Savannah, where it intersects with East Service Loop. The pool and pump will be on the side away from any neighbors. The Spillers state that they have received approval of the variance from the Architectural Design Committee of The Crescent on Walden subdivision. The applicant shall have the burden of proof to demonstrate that all three conditions for approval have been met. 2 BOARD OF ADJUSTMENT May 3, 2012 Ten notices were mailed to property owners within 200 feet. Two responses in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Neil and Candace Spiller addressed the Board. Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between the Board members followed. Board Member Hilliard made a motion to approve a variance to the minimum setback for a pool and pool pump from 5' to 2' at 7705 Savannah as requested in File 643-BA. Board Member Harris seconded the motion. Motion to approve carried 4:0. 3) File 644-BA: Request for a variance to the minimum sign setback from 10' to 6'. Location: 1515 Interstate Hwy. 10 S. Applicant: State Sign Corporation Mr. Richardson presented the staff report. This item is a request for a variance to the minimum sign setback from 10' to 6'. The sign will be for the Mike Smith Volkswagen dealership at 1515 IH-10 S. State Sign, the applicant, states that the 30' twin pole Nissan pylon sign was taken down and they would like to construct a 25' twin pole Volkswagen pylon sign in its place. The dealership is applying for the variance to utilize the existing base and location to save the expense of digging and pouring a new base and so as not to infringe on any parking spots. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Eleven notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Mike Johnson with State Sign Company addressed the Board. Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The public hearing was closed. BOARD OF ADJUSTMENT May 3, 2012 Discussion followed between Board members. Board Member Jowers made a motion to approve a request for a variance to the minimum sign setback from 10' to 6' at 1515 Interstate Hwy. 10 S. as requested in File 644-BA. Board Member Harris seconded the motion. Motion to approve carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:39 P.M. 11