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HomeMy WebLinkAbout6-2-11 BA Minutes. 7 *MINUTES* BOARD OF ADJUSTMENT June 2, 2011 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on June 2, 2011 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Joey Hilliard Board Member Mary Jowers Alternate Member Kelli Maness Board Members absent: Vice -Chairman Pat Avery Board Member Bob Harris AIternate Member Christopher Plaunty Alternate Member Christy Amuny Also present: Steve Richardson, Planning Manager; Adina Ward, Planner; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney; Sharae Bassett, Assistant City Attorney 11; Anna Varela, Historic District Code Enforcement Officer; Lois Balka, Code Enforcement Officer; Danny Daniels, Building Official; Jack Maddox, Fire Marshall APPROVAL OF MINUTES Board Member Jowers made a motion to approve the minutes of the Regular Meeting held April 7, 2011. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 620-BA: Request for a variance to the minimum front yard building setback from 25' to 0'. Location: 407 Th Street Applicant: Eric and Roxanne Hellberg Mr. Richardson presented the staff report. The purpose of the variance request is to allow the construction of a surface parking lot that will be used in conjunction with the leasing of the former Easy's Restaurant building at 2333 Calder. The proposed tenant will be operating a pub/grill. On May 16, the Planning Commission recommended approval of a specific use permit for the parking BOARD OF ADJUSTMENT June 2, 2011 lot subject to meeting the setback requirement or the granting of setback variances by the Board of Adjustment. The Historic District regulations state that a parking lot must be set back along street frontages not less than the required setbacks or as far back as the front of the immediately adjacent buildings, whichever is greater. Eric and Roxanne Hellberg, the owners of the property, will be leasing the parking lot to Mike Albanese, the owner of the restaurant building. Mr. Albanese states that the required setbacks along Broadway and 7rh will drastically cut the number of available parking spaces that could be placed on the property. He states that the leasing of the restaurant building will greatly depend upon how many parking spaces can be made available for customers. Currently, there are 8 marked parking spaces behind the restaurant and 29 marked spaces in a parking lot south of the restaurant. That parking lot was constructed by the former owner without any building permits so the spaces may not meet City Code. At least 4 of the 29 spaces are located within the 25' front yard building setback. A minimum of 41 parking spaces are required for the pub/grill. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty notices were mailed 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 comments. Mark Hardy, 850 Eastex Freeway, addressed the Board as a representative for the applicants. Sheri Arnold, addressed the Board as agent for Mr. Albanese. Chairman Timaeus closed the public hearing. Discussion followed between the Board Members. Chairman Timaeus made a motion to approve a variance to the minimum front yard building setback from 25' to 0' at 407 7' Street for use as parking only as requested in File 620-13A. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. 2) File 621-BA: Request for a variance to the minimum front yard building setback from 20' to 3'. Location: 810 S. Major Drive Applicant: Share Enterprises, Inc. The applicant requested that the request be deferred until the next meeting. 2 BOARD OF ADJUSTMENT June 2, 2011 3) File 622-BA: Request for a variance to the minimum front yard setback requirement from 25' to 9'. Location: 7915 Homer Applicant: Danielle McClendon Mr. Richardson presented the staff report. The purpose of the variance request is to allow the construction of a new carport that will replace one that was totally destroyed by Hurricane Ike. Ms. McClendon states that the carport was there for fifteen years. Research of City records failed to verify that a building permit was ever received for the original carport. 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. The subject property is located on the corner of Homer and Meadowview. Access to and room in the rear yard for parking is available. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty notices were mailed to property owners within 200 feet. None 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. Kevin McClendon, 7915 Homer, addressed the Board. Chairman Timaeus asked for comments in favor or in opposition. Andrew Savoy, 7890 Homer, addressed the Commission in favor of the request. Chairman Timaeus closed the public hearing. Discussion followed between the Board members. Board Member Jowers made a motion to approve a variance to the minimum front yard setback requirement from 25' to 9' at 7915 Homer as requested in File 622-BA. Board Member Maness seconded the motion. Motion to approve carried 4:0. 4) File 624-BA: Request for a variance to the minimum front yard building setback from 35' (as per the plat of record) to 29'. Location: 80 Avenue of the Oaks Applicant: Richard and Sonya Coffman BOARD OF ADJUSTMENT June 2, 2011 Mr. Richardson presented the staff report. The purpose of the variance is to allow the construction of a porch on the front of the house. The south end of the porch will encroach 6' into the setback. The Zoning Ordinance requires a minimum front yard building setback of 25'. However, Sections 1,2 and 4 of Manion Oaks were platted with a 3 5' front yard building setback. Sections 3 and 5 were platted with 25' front yard building setbacks. The subject property is located within Section 1. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Fourteen notices were mailed 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. Richard Coffman, the applicant, addressed the Board and stated that he received a more precise drawing from the contractor that morning and the encroachment was 7' instead of 6' After discussion, it was decided that the request must be readvertised to reflect the setback to 28' instead of 29' and would be put on the next meeting's agenda. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:40 P.M. 4