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HomeMy WebLinkAbout8-6-09 BA Minutesi *MINUTES* BOARD OF ADJUSTMENT August 6, 2009 City Council Chambers A meeting of the Board of Adjustment was held on August 6, 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 Alternate Member Kelli Maness Alternate Member Christopher Plaunty Board Members absent: Board Member Mary lowers Alternate Member Christy Amuny Board Member Joey Hilliard Also present: Steve Richardson, Planning Manager; Joe Sanders, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Ward, Planner APPROVAL OF MINUTES Board Member Harris made a motion to approve the minutes of the July 2, 2009 Special Meeting. Board Member Timaeus seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 596-BA: Request for a variance to the minimum front yard building setback from 15' to 11.9' . Location: 3694 Canyon Applicant: Douglas Winfrey Construction Mr. Richardson presented the staff report. The request is for a single family house at 3694 Canyon. Doug Winfrey, the builder, states that the need for the variance is the result of the incorrect placement of the structure on the property. He also stated that the site plan prepared by the house designer had incorrect dimensions. BOARD OF ADJUSTMENT August 6, 2009 The Iot is located on a cul-de-sac that has a 15' curved building setback. During an inspection of the foundation by a City inspector, the encroachment was not caught. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Nineteen notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. Photos of the subject property were distributed. (Board Member Maness arrived.) Chairperson Avery opened the public hearing. Danny Daniels, Building Official, addressed the Board. Douglas Winfrey, the applicant, addressed the Board. �. Chairperson Avery asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between the Board members. Vice -Chairman Timaeus made a motion to approve a variance to the minimum front yard building setback from 15' to 11.9' at 3694 Canyon as requested in File 596-BA. Board Member Harris seconded the motion. Motion to approve carried 5:0. 2) File 597-BA: Request for a variance to the front yard building setback from 15' to 13.3'. Location. 4680 Prairie Applicant: Felix Jones, Jr. Mr. Richardson presented the staff report. Felix Jones, the property owner, states that he is in the process of refinancing his home loan and that the title company required a survey to close the loan. At that time, it was discovered that the house encroached 1.9' into the front yard building setback. 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. Photos of the subject property were distributed. 2 C BOARD Of ADJUSTMENT August 6, 2009 Chairperson Avery opened the public hearing and asked for the applicant's comments. Felix Jones, Jr. addressed the Commission. Chairperson Avery asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member Maness made a motion to approve a variance to the front yard building setback from 15' to 13.3' at 4680 Prairie as requested in File 597-BA. Vice -Chairman Timaeus seconded the motion. Motion to approve carried 5.0. 3) File 598-BA: Request for a variance to the front yard building setback from 25' to 19.1'. Location: 4005 Chaison Applicant: Harry Vine Mr. Richardson presented the staff report. The request is for a variance to the minimum front yard building setback from 25' to 19.1' for a cover over a wheel chair ramp on the front of a single family residence at 4005 Chaison. Harry Vine, with FNT Construction, is representing Michael Newman, the property owner. FNT installed a wheel chair ramp for Mrs. Newman. The Newmans also requested FNT to construct a roof over the ramp area so that the ramp could be used during bad weather. In order to cover the ramp, an encroachment of 511 " is required. Mr. Vine states that because of the layout of the house and the carport, this is the only ramp configuration that will meet ADA requirements. 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 200 feet. No responses in favor or in opposition were returned. Photos of the subject property were distributed. Chairperson Avery opened the public hearing and asked for the applicant's comments. Harry Vine, the applicant, addressed the Board. Chairperson Avery 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 a variance to the front yard building setback from 25' to 19.1' at 4005 Chaison as requested in File 598-BA. Board Member Plaunty seconded the motion. Motion to approve carried 5:0. 3 BOARD OF ADJUSTMENT August 6, 2009 OTHER BUSINESS THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 3:26 P.M.