HomeMy WebLinkAbout2-5-09 BA Minutes*MINUTES*
BOARD OF ADJUSTMENT
February 5, 2009
City Council Chambers
A meeting of the Board of Adjustment was held on February 5, 2009 and called to order at 3:00 p.m. with
the following members present:
Chairperson Pat Avery
Vice Chairman Dana Timaeus
Board Member Bob Harris
Board Member Mary Jowers
Board Members absent: Board Member Joey Hilliard
Alternate Member Kelli Maness
Also present: Steve Richardson, Planning Manager; Tyrone Cooper, City Attorney; Jill
Cole, Recording Secretary; Adina Ward, Planner
APPROVAL OF MINUTES
Board Member Harris made a motion to approve the minutes of the November 6, 2008 meeting.
Board Member Jowers seconded the motion. Motion to approve carried 4:0.
Board Member Timaeus made a motion to approve the minutes of the December 4, 2008 meeting.
Board Member Jowers seconded the motion. Motion to approve carried 4:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 583-BA: Request for a variance to the minimum side yard setback from 7.5' to 4.80'.
Location: 4410 Ironton
Applicant: Lesha Crawford
Mr. Richardson presented the staff report. This item is a request for a variance to the minimum
side yard building setback from 7.5' to 4.8' . The property is located at 4410 Ironton.
Lesha Crawford states that the home had extensive storm damage to the rear of the house. She
proceeded to make repairs by tearing out the damaged parts and started construction. The addition
BOARD OF ADJUSTMENT
February 5, 2009
lines up with the existing two story portion of the house which is 4.8' from the property line.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met.
Twenty-four notices were mailed to property owners within 200 feet. Two responses in favor and
one in opposition were returned.
Slides of the subject property were shown.
Chairperson Avery opened the public hearing and asked for the applicant's comments.
Lesha Crawford, the applicant, addressed the Board.
Chairperson Avery asked for comments in favor or in opposition.
Lynette Johnson addressed the Board for clarification of the request. Ms. Johnson owns the
property at 4430 Detroit Avenue.
Chairperson Avery closed the public hearing.
Discussion followed between the Board members.
Vice -Chairman Timaeus made a motion to approve a variance to the minimum side yard setback
from 7.5' to 4.80' at 4410 Ironton as requested in File 583-BA. Board Member Harris seconded
the motion. Motion to approve carried 4:0.
2) File 584-BA: Request for variances to the side yard building setback from 10' to 2.5' and to the
minimum rear yard from 15' to 0.66'.
Location: 2307 Buchanan
Applicant: Mr. and Mrs. James CIark
Mr. Richardson presented the staff report. This item is a request for variances to the minimum
side yard building setback from 10' to 2.5' and to the minimum rear yard building setback from
15' to 0.66. The property is located at 2307 Buchanan.
Mr. and Mrs. James Clark state that they would Iike to replace the carport damaged by Hurricane
Ike. A concrete slab is all that remains. The slab is located 2.5' from the side property line and
0.66' from the rear property line. The carport would be reconstructed on the concrete.
According to the plats of the area, the subject property is separated by the property to the south
by a 20' wide alley. While research shows that the alley has not been vacated, over the years,
much of the alley has been taken in by adjacent property owners with fences and other structures.
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BOARD OF ADJUSTMENT
February 5, 2009
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met.
Twenty-eight notices were sent to property owners within 200 feet. Four responses in favor and
none in opposition were returned.
The applicant shall have the burden of proof to determine that the three conditions necessary for
approval have been met.
Slides of the subject property were shown.
Chairman Avery opened the public hearing and asked for the applicant's comments.
Johnnie Clark, the applicant, addressed the Board and distributed photos.
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 Harris made a motion to approve variances to the side yard building setback from
10' to 2.5' and to the minimum rear yard from 15' to 0.66' at 2307 Buchanan as requested in File
584-BA. Board Member Jowers seconded the motion. Motion to approve carried 4:0.
3) File 578-BA: Request for variances to the minimum front yard building setback from 25' to 0',
the minimum side yard building setback from 5' to 0' and the minimum rear yard setback from 5'
to 0'.
Location: 1255 IH-10 South
Applicant: Ayres, Inc.
Mr. Richardson presented the staff report. This item is a request for variances to the minimum
front yard building setback from 25' to 0', the minimum side yard building setback from 5' to 0'
and the minimum rear yard building setback from 5' to 0'. The property is located at 1255 IH-10
South.
Ayres, Inc. would like to add to its existing commercial building by extending the building to the
north and then constructing a second story addition to both the existing building and the extension.
The new construction would allow for a showroom, covered parking, installation area and storage.
Mr. Ayres states that the existing building is now built from property line to property line.
The depth of the property is 67.5' . The required minimum front yard building setback in the LI
District is 25'. A minimum 5' building setback is required from all other property lines.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met.
BOARD OF ADJUSTMENT
February 5, 2009
Five 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.
Discussion followed between the Commission members.
Chairperson Avery opened the public hearing and asked for the applicant's comments.
Barrett Lindsay with Lindsay and Morgan Law Firm addressed the Board on behalf of Mr. Ayres.
Mr. Ayres addressed the Board and distributed drawings of the proposed renovations.
Discussion followed between the Board members.
Board Member Jowers made a motion to approve variances to the minimum front yard building
setback from 25' to 0', the minimum side yard building setback from 5' to 0' and the minimum
rear yard setback from 5' to 0' at 1255 IH-10 South as requested in File 578-BA. Board Member
Harris seconded the motion. Motion to approve carried 4:0.
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS. THE MEETING WAS ADJOURNED AT 3:45 P.M.
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