Loading...
HomeMy WebLinkAbout10-6-11 BA Minutes*MINUTES* BOARD OF ADJUSTMENT October 6, 2011 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on October 6, 2011 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 Alternate Member Christopher Plaunty Board Members absent: Vice -Chairman Pat Avery Board Member Mary Jowers Alternate Member Kelli Maness Alternate Member Christy Amuny Also present: Steve Richardson, Planning Manager; Adina Ward, Planner; Jill Cole, Recording Secretary; Tyrone Cooper, City Attorney; Quentin Price, First Assistant City Attorney APPROVAL OF MINUTES Board Member Harris made a motion to approve the minutes ofthe Regular Meeting held September 1, 2011. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 628-BA: Request for a variance to the minimum front building setback from 25' to 0'. Location: 2320 Broadway Applicant: Albanese Cormier Holding, LLC Mr. Richardson presented the staff report. In May, 2008, the owner of the former Easy's Restaurant received a specific use permit to allow a parking lot on the subj ect property. However, the parking lot was built without a permit. The parking lot was built without meeting any of the conditions of the specific use permit. One of those conditions was that it must meet a 25' building setback along Broadway. BOARD OF ADJUSTMENT October 6, 2011 In June, 2011, the applicant received a variance to the 25' setback for a parking lot to the east of the subject property. The applicant shall have the burden of proof to demonstrate that all three conditions for approval have been met. Thirty-two 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 asked Mr. Richardson to clarify the previous request. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Mr. Hardy addressed the Board on behalf of the applicant, Albanese Cormier Holding, LLC. 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 approve a variance to the minimum front yard setback from 25' to 0' for the south 100' of Lots 26-28, Block 22, Averill Addition to allow use of the land as a parking lot only and for no other use at 2320 Broadway as requested in File 628-BA. Board Member Harris seconded the motion. Motion to approve carried 4:0. 2) File 629-BA: Request for a variance to the minimum rear yard building setback from 15' to 11.27'. Location: 6375 Madera Lane Applicant: C. J. Brottem for Brottem Homes Mr. Richardson presented the staff report. The property owners would like to add an 18'4" x 25' covered patio onto the rear of their house. The patio will be enclosed on two sides and adjoin the house on the third. The purpose of the walls is to provide a sound barrier for the neighbors. The plans for the proposed covered patio have been reviewed and approved by the Board of Directors of the Barrington Heights Owners Association. The applicant states that the extension of the patio is needed to accommodate physically challenged friends and family who visit. The existing patio does not meet their needs. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Thirty-four notices were mailed to property owners within two hundred feet. No responses in favor or in opposition were returned. 2 BOARD OF ADJUSTMENT October 6, 2011 Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant's comments. C. J. Brottem of Brottem Homes, the applicant, addressed the Board. Chairman Timaeus asked for comments in favor or opposition. No comments were made. The public hearing was closed. Board Member Hilliard made a motion to approve a variance to the minimum rear yard building setback from 15' to 11.27' at 6375 Madera Lane as requested in File 629-BA. Board Member Harris seconded the motion. Motion to approve carried 4:0. 3) File 630-BA: Request for variances to the minimum lot are from 7,500 sq. ft. to 4,050 sq. ft.; to the minimum lot width from 75' to 50; to the minimum lot depth from 100' to 8 F and to the minimum front yard building setback from 20' to 14'. Location: 3390 Harrison Applicant: Gerald Farha Mr. Richardson presented the staff report. Gerald Farha wishes to replat the 0.52 acres that he owns a the corner of Harrison, IH-10 and Longfellow. At one time, a convenience store and small office building occupied the property. The convenience store has since been demolished. Mr. Farha would like to subdivide the property so that he can construct 4,000 sq. ft. of additional office space. The NC District limits buildings to 4,000 sq. ft. per lot. By subdividing the property in two, he will be able to build the proposed building on the larger lot. On the smaller lot will sit the existing 739 sq. ft. building. Before the replat can be approved by the Planning Commission, the Board of Adjustment must approve the aforementioned variances. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Six 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. Gerald Farha, the applicant, addressed the Board and answered questions. Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The public hearing was closed. BOARD OF ADJUSTMENT October 6, 2011 Discussion followed between the Board members. Board Member Hilliard made a motion to approve variances to the minimum lot are from 7,500 sq. ft. to 4,050 sq. ft.; to the minimum lot width from 75'to 50; to the minimum lot depth from 100'to 81' and to the minimum front yard building setback from 20'to 14' at 3390 Harrison as requested in File 630-BA. Board Member Plaunty seconded the motion. Motion to approve carried 4:0. 4) File 632-BA: Request for variances to the maximum height for a sign from 15' to 22' and to the maximum square footage of a sign from 40 sq. ft. to 57 sq. ft. Location: 2305 Louisiana Applicant: PetroTex Fuels, Inc. for Old Town Grocery, Inc. Mr. Richardson presented the staff report. The existing sign was storm damaged. In replacing the existing sign, the top cabinet was completely removed, the lower sign is to completely removed and the overall sign height is to be reduced from 28' to 22'. Because the sign cabinet was completely removed, it must now adhere to the current regulations. The convenience store is in the process of upgrading its facility. New gas pumps and a new sign are part of that upgrade. The existing two part sign encompassed 68 sq. ft. total. The new sign will encompass 57 sq. ft. In addition, the existing 28' tall sign will reduced in height to 22'. 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. One response in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for comments in favor or in opposition. Harvey Steinhagen, the applicant, addressed the Board and answered questions. 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 variances to the maximum height for a sign from 15' to 22' and to the maximum square footage of a sign from 40 sq. ft. to 57 sq. ft. at 2305 Louisiana as requested in File 632-BA. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:59 P.M. 11