Loading...
HomeMy WebLinkAbout12-6-12 BA MinutesA Regular Meeting of the Board of Adjustment was held on December 6, 2012 and called to order at 3:00 p.m. with the following members present: Vice -Chairman Pat Avery Board Member Bob Harris Board Member Joey Hilliard Board Member Mary Jowers Alternate Member Kelli Maness Board Members absent: Chairman Dana Timaeus Alternate Member Christopher Plaunty Alternate Member Christy Amuny Also present: Steve Richardson, Planning Manager; Carla Gigliotta, Recording Secretary; Adina Ward, Planner; Tyrone Cooper, City Attorney; Chris Boone, Community Development Director APPROVAL OF MINUTES Board Member Harris made a motion to approve the minutes of the Regular Meeting held October 4, 2012. Board Member Hilliard seconded the motion: Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 651-BA: Request for variances to the minimum lot depth requirement from 100' to 85.5', to the minimum lot width requirement from 50' to 49.74', to the minimum lot area requirement from 5,000 sq. ft. to 4,186 sq. ft. and to the minimum side yard building setback from 5' to 4.53'. Location: 2628 Amarillo Applicant: Faust Engineering and Surveying, Inc. Mr. Richardson presented the staff report. This item is a request for variances to the minimum lot depth requirement from 100' to 85.5', to the minimum lot width requirement from 50' to 49.74', to the minimum lot area requirement from 5,000 sq. ft. to 4,186 sq. ft. and to the minimum side yard Cbuilding setback from T to 4.53'. BOARD OF ADJUSTMENT December 6, 2012 Jeremy Mitchell with Faust Engineering states that William Taylor owns two properties at 2628 Amarillo and 2635 Cartwright. The Amarillo property, which is Lot 11, is 7,000 sq. ft. and the Cartwright property, which the West % of Lot 12, is 3,250 sq. ft. Over the years, Mr. Taylor fenced in the rear of Lot I 1 to use as his backyard. While Lot 11 was never officially subdivided, this left Lot 11 with only 78' of depth from the fence to the front property line. In February, 2012, a residential building permit was approved on Lot 11. The site plan showed the house with a 69' rear yard and a 5' side yard building setback from the south property line. Mr. Taylor would now like to officially split Lot 11 so that the area that he has been using as his back yard will become part of his property at 2635 Cartwright. The replat will leave Lot 11 with a depth of 85.5' and a lot area of 4,186 sq. ft. In addition, the house was built 4.53' from the south property line. The applicant shall have the burden of proof to demonstrate that all three conditions for approval have been met. Thirty-five notices were mailed to property owners within 200 feet. No responses in opposition or in favor were returned. Slides of the subject property were shown. Vice -Chairman Avery opened the public hearing and asked for the applicant's comments. Jeremy Mitchell with Faust Engineering addressed the Board. Vice -Chairman Avery 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 variances to the minimum lot depth requirement from 1 00'to 85.5', to the minimum lot width requirement from 50' to 49.74', to the minimum lot area requirement from 5,000 sq. ft. to 4,186 sq. ft. and to the minimum side yard building setback from 5' to 4.53' at 2628 Amarillo as requested in File 651-BA. Board Member Jowers seconded the motion. Motion to approve carried 5:0. 2) File 657-BA: Request for a variances to the minimum front yard building setback from 25' to 4.54' and to the minimum side yard building setback from 5' to 0.93'. Location: 2920 South Applicant: Yvonne Frank Mr. Richardson presented the staff report. Yvonne Frank states that she originally had a carport but it was destroyed by Hurricane Rita. She also says that the carport also sat partially on the neighbor's property. The new enclosed garage was constructed without a building permit. 2 BOARD OF ADJUSTMENT December 6, 2012 The Zoning Ordinance states that when an existing residential structure does not contain a garage or carport and where there is not adequate area for an accessible parking space behind the front yard area, a carport having no side walls may be constructed in the front yard area. However, the structure that was built is an enclosed garage. An enclosed garage is required to meet the minimum front yard building setback of 25'. Whether an enclosed garage or an open carport, a minimum side yard building setback of 5' is required. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty-three notices were mailed to property owners within 200 feet. Three responses in favor and one response in opposition were returned. Slides of the subject property were shown. Vice -Chairman Avery opened the public hearing and asked for the applicant's comments. Yvonne Frank, the applicant, addressed the Board and answered questions. Vice -Chairman Avery asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member Hilliard made a motion to approve variances to the minimum front yard building setback from 25' to 4.54' and to the minimum side yard building setback from 5' to 0.93' at 2920 South as requested in File 657-BA. Board Member Maness seconded the motion. Motion to approve carried 5:0. Vice -Chairman reopened the public hearing. Wesley Yates, 4210 Bethlehem, addressed the Board in opposition to the request made in File 657- BA. Discussion between the Board members followed.and it was stated that Mr. Yates opposition would not change any Board member's vote on File 657-BA OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.