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HomeMy WebLinkAbout6-18-09 BA MinutesC *MINUTES* BOARD OF ADJUSTMENT June 18, 2009 City Council Chambers A special meeting of the Board of Adjustment was held on June 18, 2009 and called to order at 3:00 p.m. with the following members present: Chairperson Pat Avery Board Member Joey Hilliard Alternate Member Christopher Plaunty Alternate Member Christy Amuny Alternate Member Kelli Maness Board Members absent: Vice Chairman Dana Timaeus Board Member Mary Jowers Board Member Bob Harris Also present: Adina Ward, Planner; Tyrone Cooper, City Attorney; Jill Cole, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard made a motion to approve the minutes of the June 4, 2009 meeting. Board Member Plaunty seconded the motion.. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 594-BA: Request for a variance to the minimum side yard building setback from 5' to 2.5' Location: 4210 College Street Applicant: Gary Watson Ms. Ward presented the staff report. Gary Watson, dba G. Watson Racing, has applied for a variance to the minimum side yard building setback from 5' to 2.5' . The property is located at 4210 College Street. Mr. Watson states that a building permit was granted for a new shop building on the northeast corner of his property. The permit was approved with a 5' side building setback. However, when BOARD OF ADJUSTMENT June 4, 2009 the city inspector made an inspection of the foundation framing, he found that the foundation was within 2.5' of the property line. Mr. Watson states that the reason for this encroachment is that the side property lines are not parallel. About mid -point, the lot begins to narrow as the east property line leans towards the northwest. Apparently, the contractor was not aware of this and laid the foundation forms incorrectly. 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. Ms. Ward distributed photos of the subject property to the Board. Chairperson Avery opened the public hearing and asked for the applicant's comments. Gary Watson, the applicant, addressed the Board. Chairperson Avery asked for comments in favor or in opposition. Adam Revia, Administrator for the College Street Health Care Center, addressed the Board in favor of the request. The public hearing was closed. Discussion followed between the Board members. Board Member Maness made a motion to approve a variance to the minimum side yard building setback from 5' to 2.5' at 4210 College Street as requested in File 594-BA. Board Member Hilliard seconded the motion. Motion to approve carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:20 P.M. N