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HomeMy WebLinkAbout11-5-9 BA Minutes*MINUTES* BOARD OF ADJUSTMENT November 5, 2009 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on November 5, 2009 and called to order at 3:00 p.m. with the following members present: Chairman Dana Timaeus Vice -Chairman Pat Avery Board Member Mary Jowers Alternate Member Christy Amuny Board Members absent. Board Member Joey Hilliard Board Member Bob Harris Alternate Member Kelli Maness Alternate Member Christopher Plaunty Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary; Adina Ward, Planner APPROVAL OF MINUTES Vice -Chairman Avery made a motion to approve the minutes of the Special Meeting held September 24, 2009. Board Member Jowers seconded the motion. Motion to approve carried 4:0. Board Member Jowers made a motion to approve the minutes of the Regular Meeting held October 1, 2009. Board Member Amuny seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 601-BA: Request for a variance to the minimum rear yard building setback from 15' to 4.4'. Location: 1405 Cornerstone Court Applicant: Fittz & Shipman, Inc. Mr. Richardson presented the staff report and stated that the request was tabled at the October 1 meeting. It is a request for a variance to the minimum rear yard building setback from 15' to 4.4'. The property is located at 1405 Cornerstone Court. BOARD OF ADJUSTMENT November 5, 2009 Fittz & Shipman would like to construct a garage at the rear of its property. The garage is to provide protection for survey vans and the equipment inside those vans. The proposed garage would back up to the DDA detention ponds. Fittz & Shipman states that the literal enforcement of the ordinance would create a hardship by preventing the future expansion of the office building and growth of the firm as part of the original design. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twelve notices were mailed to property owners within 200 feet. Two notices in favor and none in opposition were returned. Mr. Richardson distributed photos of the subject property. Chairman Timaeus opened the public hearing and asked for the applicant's continents. John Holm, with Fittz & Shipman, addressed the Board. Bill Smith, Director of Operations for Fittz & Shipman, addressed the Board. Discussion followed between the Board, Mr. Holm and Mr. Smith regarding possible alternatives to the proposed garage placement. Chairman Timaeus asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between Board members. Vice -Chairman Avery made a motion to approve a variance to the minimum rear yard building setback from 15' to 4.4' for the property at 1405 Cornerstone Court as requested in File 601-BA. Board Member Jowers seconded the motion. Motion to table carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 3:35 P.M. N