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HomeMy WebLinkAbout10-7-10 BA Minutes*MINUTES* BOARD OF ADJUSTMENT October 7, 2010 City Hall, 801 Main Street A Regular Meeting of the Board of Adjustment was held on October 7, 2010 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Board Member Bob Harris Board Member Mary Jowers Alternate Member Christy Amuny Alternate Member Christopher Plaunty Board Members absent: Vice -Chairman Pat Avery Board Member Joey Hilliard Alternate Member Kelli Maness Also present: Steve Richardson, Planning Manager; Adina Ward, Planner; Till Cole, Recording Secretary; Tyrone Cooper, City Attorney APPROVAL OF MINUTES Board Member Jowers made a motion to approve the minutes of the Special Meeting held August 19, 2010. Board Member Avery seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 612-BA: Request for a variance to the minimum side yard building setback for a two story structure from 7' '/z" to 6'. Location: 3750 Buckingham Row Applicant: June and John DecQuir Mr. Richardson presented the staff report. In 2009, John DecQuir received a building permit to allow the replacement of a storm damaged carport. In making repairs to the house, he decided to add a second story above the old garage. No building permits were issued for these repairs or the second story. The existing house is six feet from the property line. A one story structure is allowed to be 5' from the side property line. A two story structure must meet a 7.5' setback. BOARD OF ADJUSTMENT October 7, 2010 The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Thirty-one notices were mailed to property owners within 200 feet. Three responses in favor and one in opposition were returned. Slides of the subject property were shown. Chairman Timaeus opened the public hearing and asked for the applicant's comments. June and John DecQuir, the applicants, addressed the Board. Chairman Timaeus asked for comments in favor or in opposition. Phyllis Livingston addressed the Board as executrix of her father's estate. Her mother does not currently live in the home, which is located next door to the DecQuir's, but she has plans to have someone staying there. She is opposed because she is concerned about drainage issues. Her husband, Clayton Livingston addressed the Board in opposition as well. Rebuttal by Mr. DecQuir. Chairman Timaeus closed the public hearing. Discussion followed between Board members. Board Member Jowers made a motion to approve a variance to the minimum side yard building setback for a two story structure from 7' %" to 6' at 3750 Buckingham Row as requested in File 612- BA. Board Member Harris seconded the motion. Motion to approve carried 5:0. 2) File 613-BA: Request for a variance to the minimum building setback from 15' to 5' and to the maximum sign area from 50 sq. ft. to 118 sq. ft. Location: 4040 Delaware Applicant: St. Stephen's Episcopal Church/All Saints Episcopal School Mr. Richardson addressed the Commission. St. Stephen's Episcopal Church and All Saints Episcopal School have applied for the variances so that a new sign can be constructed to replace the old sign that was destroyed in an auto accident. When designing a new sign, the church and school felt that the proposed location would provide a better identity. The new location is in an area directly between the driveway entrance and exit to both the school and the church. The applicant states that in order to accommodate the proper identification of both the church and the school on the property, a sign larger than that which is allowed in residential zones is needed. 2 l BOARD OF ADJUSTMENT t October 7, 2010 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 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. Reverend Nancy DeForest addressed the Board on behalf of the church and school. Chairman Timaeus asked for comments in favor or in opposition. Steve McGrade, representative for the church, addressed the Board in favor of the request. Guy Goodson addressed the Board in favor of the request. Chairman Timaeus closed the public hearing and discussion followed between Board members. Board Member Harris made a motion to approve a variance to the minimum building setback from ( 15' to 5' and to the maximum sign area from 50 sq. ft. to 118 sq. ft. located at 4090 Delaware as requested in File 613-BA. Board Member lowers seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS THERE_ BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:58 P.M.