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HomeMy WebLinkAbout12-4-08 BA Minutest *MINUTES* BOARD OF ADJUSTMENT December 4, 2008 City Council Chambers A meeting of the Board of Adjustment was held on December 4, 2008 and called to order at 3:00 p.m. with the following members present: Vice Chairman Dana Timaeus Board Member Bob Harris Board Member Mary Jowers Alternate Member Kelli Maness Board Members absent: Chairperson Pat Avery 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 Minutes from the November and December meetings will be available for approval at the January 2009 meeting. SWEARING IN OF WITNESSES PUBLIC HEARING 1) 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 stated that File 578-BA has been deferred until the next meeting. C BOARD OF ADNSTMENT December 4, 2008 2) File 579-BA: Request for a variance to the minimum side yard setback from 7.5' to 3'. Location: 5010 Eaheart Circle Applicant: Wolfrom Homes, Inc. Mr. Richardson presented the staff report. The property owner would like to add a second story to the existing detached garage. In addition, the existing breezeway will be enclosed. The garage is currently 3' at its closest point to the side property line. The Zoning Ordinance requires that two story structures be set back from a side property line a minimum of 7.5'. 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. Three responses in favor and none in opposition were returned. Slides of the subject property were shown. Vice -Chairman Timaeus opened the public hearing and asked for the applicant's comments. Stan Wolfrom, the applicant, addressed the Board. Vice -Chairman Timaeus 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 a variance to the minimum side yard setback from 7.5' to 3' at 5010 Eaheart Circle as requested in File 579-BA. Board Member Maness seconded the motion. Motion to approve carried 4:0. 3) File 581-BA: Request for a variance from the side yard building setback from 25' to 5' 7 1116" from the right-of-way of Hollywood Avenue. Location: 410 IH-10 South Applicant: William Falkenhagen for Del Papa Distribution Company Mr. Richardson presented the staff report. Del Papa Distributing Co. would like to construct a 6,262 sq. ft. covered drive-thru for truck loading on the north side of its existing warehouse facility. William Falkenhagen, representing Del Papa, states that the building is on a dead end street and the proposed addition to the building should not have a negative impact on surrounding properties. He states that the proposed addition optimizes the use of a site that is long and narrow. The applicant shall have the burden of proof to determine that the three conditions necessary for approval have been met. 2 HOARD OF ADJUSTMENT December 4, 2008 Ten notices were mailed to property owners within 200 feet of the subject property. One response in favor and none in opposition were returned. Slides of the subject property were shown. Vice -Chairman Timaeus opened the public hearing and asked for the applicant's comments. Mr. Falkenhagen addressed the Board. Vice -Chairman Timaeus 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 Jowers made a motion to approve a variance from the side yard building setback from 25' to 5' 7 1/16" from the right-of-way of Hollywood Avenue at 410 IH-10 South as requested in File 581-BA. Board Member Maness seconded the motion. Motion to approve carried 4:0. 4) File 582-BA: Request for a variance to the minimum rear yard building setback requirement from 15' to 11'. Location: 4690 Roberts Applicant: Jerry Harris, Sr. Mr. Richardson presented the staff report. The house is located on a cul-de-sac which allows a 15' front yard building setback. The house is setback from the front property line a distance of 58.68' . Jerry Harris, the property owner, states that the proposed location of the house will make the house blend in better with the neighbors. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the subject property were shown. Vice -Chairman Timeaus opened the public hearing and asked for the applicant's comments. Jerry Harris, Sr., the applicant, addressed the Board. Vice -Chairman Timeaus asked for comments in favor or in opposition. Ken Sirmons with Camelia Homes addressed the Board in favor. 3 BOARD OF ADJUSTMENT December 4, 2008 The public hearing was closed. Board Member Maness made a motion to approve a variance to the minimum rear yard building setback requirement from 15' to 11' at 4690 Roberts as requested in File 582-BA. Board Member Jowers seconded the motion. Motion to approve carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 3:32 P.M. 4