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HomeMy WebLinkAbout11-3-11 BA Minutes*MINUTES* BOARD OF ADJUSTMENT November 3, 2011 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on November 3, 2011 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Vice -Chairman Pat Avery Board Member Bob Harris Board Member Mary Jowers Alternate Member Kelli Maness Alternate Member Christopher Plaunty Board Members absent: Board Member Joey Hilliard Alternate Member Christy Amuny Also present: Steve Richardson, Planning Manager; Adina Ward, Planner; Jill Cole, Recording Secretary; 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 6, 2011. Board Member Maness seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 633-BA: Request for a variance to the minimum rear yard building setback from 15' to 10'. Location: 6469, 6491, 6493, 6495, 6497, 6499, 6498, 6496, 6494, 6492, 6490, 6478, 6476, 6474, 6472, 6470, 6468, 6466, 6464, 6460 Bell Pointe Applicant: Redding Development, Ltd. (Vice -Chairman Avery and Board Member Plaunty arrived.) Mr. Richardson presented the staff report. This item is a request for a variance to the minimum rear yard building setback from 15' to 10' on twenty lots in The Sanctuary Subdivision. The properties are located all on Bell Pointe. BOARD OF ADJUSTMENT November 3. 2011 Sada Jacob, representing Redding Development, Ltd., states that the reason for the variance request is to allow the construction of one story houses. Mr. Jacob states that the middle age and older market that his company is targeting prefers one story houses. One story houses of sufficient square footage could best be accommodated by decreasing the rear setback to 10'. Otherwise, to construct a house of adequate square footage will require that the houses be two story. The lots in question back up to a credit union, Amoco Production Company property, apartments or each other. None of the property backs up to single family residences outside The Sanctuary. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Forty-eight notices were mailed to property owners within 200 feet. Four responses in favor and one response in opposition were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Charles Leyendecker addressed the Board on behalf of Redding Development. 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 deny a variance to the minimum rear yard building setback from 15'to 10' at 6469, 6491, 6493, 6495, 6497, 6499, 6498, 6496, 6494, 6492, 6490, 6478, 6476, 6474, 6472, 6470, 6468, 6466, 6464 and 6460 Bell Pointe as requested in File 633-BA. Board Member Avery seconded the motion. Motion to deny carried 5:1 (Plaunty). 2) File 635-BA: Request for a variance to the minimum side yard setback from 5' to 2.1'. Location: 5765 Alece Applicant: Connie Vandergriff Mr. Richardson presented the staff report. Connie Vandergriff, representing Wells Fargo Bank, states that Wells Fargo foreclosed on the subject property in March, 2010. The house encroaches into the side yard building setback on the north side of the property. In order to get a clear title when selling, Wells Fargo is requesting that a variance be granted for the encroachment. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Thirty-six notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. 2 BOARD OF ADJUSTMENT November 3. 2011 Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant's comments. Jeffery Hardaway with Barrett Daffin Frappier, Turner & Engel, LLP addressed the Board on behalf of Ms. Vandergriff. Chairman Timaeus asked for comments in favor or opposition. No comments were made. The public hearing was closed. Board Member Harris made a motion to approve a variance to the minimum side yard setback from 5' to 2.1' at 5765 Alece as requested in File 635-BA. Board Member Jowers seconded the motion. Motion to approve carried 4:2 (Maness, Plaunty). 3) File 636-BA: Request for a variance to the minimum setback for a detached owner identification sign from I W to 1'. Location: 1050 IH-10 South Applicant: Beaumont Chevron Mr. Richardson presented the staff report. Kevin Akhani, representing Beaumont Chevron, states that the existing high rise sign is not visible to traffic along College and IH-10 due the canopy over the gas pumps blocking the sign. Mr. Akham contends that due to lot size, he does not have enough space to put a sign that will meet the 10' setback and still be seen from the adjacent streets. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Ten 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. Kevin Akhani, 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. Discussion followed between the Board members. Board Member Plaunty made a motion to approve a variance to the minimum setback for a detached owner identification sign from 10' to Fat 1050 IH-10 South as requested in File 636-BA. Vice - Chairman Avery seconded the motion. Motion to approve failed 3:2:1 (Board Member Maness BOARD OF ADJUSTMENT November 3. 2011 abstained). 4) File 637-BA: Request for a variance to the minimum rear yard building setback from 15' to 5'. Location: 4099 Calder Applicant: Sigma Engineers, Inc. Mr. Richardson presented the staff report. Sina Nei ad, owner of Sigma Engineers, Inc., states that the firm has run out of space. New requirements for computers dictate a new IT room and the firm needs additional space for meeting with clients. The existing building consists of Sigma Engineers' office space and additional lease space. The firm is taking over the entire building and plans to make interior renovations in addition to the construction of the new 444 sq. ft. space. Currently, the existing building is approximately 15' from the rear property line. The property is limited on where any additional square footage could be constructed. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty-six 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. Sina Nei ad, 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. Vice -Chairman Avery made a motion to approve a variance to the minimum rear yard building setback from 15' to 5' at 4099 Calder as requested in File 637-BA. Board Member Jowers seconded the motion. Motion to approve carried 6:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 11