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HomeMy WebLinkAbout11-2-06 BA MinutesA meeting of the Board of Adjustment was held on November 2, 2006 and called to order at 3:00 p.m. with the following members present: Chairman Bob Harris Vice Chairman Mary Jowers Board Member Pat Avery Board Member Dana Timaeus Board Member Joey Hilliard Alternate Member Sam Pullig Board Members absent: Alternate Member Kelli Maness Also present: Steve Richardson, Planning Manager; Adina Abshire, Planner; Jill Cole, Recording Secretary; Joe Sanders, First Assistant City Attorney; Chris Boone, Development Services Manager APPROVAL OF MINUTES Board Member Timaeus made a motion to approve the minutes of the September 7, 2006 Meeting. Board Member Avery seconded the motion. Motion to approve carried 6:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 545-BA: Request for a variance to the minimum swimming pool setback requirement from 5' to 2' . Location: 2500 Angelina Applicant: Philip Hayhurst Mr. Richardson presented the staff report. The applicant, Philip Hayhurst, states that this side yard is the only place to put the pool. If he was required to move it three feet more from the property line, it would be right up against the house. BOARD OF ADJUSTMENT November 2, 2006 The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twenty-four notices were mailed to property owners within 200 feet. One notice in favor and none in opposition were returned. Slides of the subject property were shown. In response to Board Member Pullig, Mr. Richardson reviewed the three conditions necessary for a variance. Discussion followed between the Board and Mr. Richardson. Chairman Harris opened the public hearing and asked for the applicant's comments. Philip Hayhurst, the applicant, addressed the Board and answered questions from the Board. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between the Board members followed. Board Member Pullig made a motion to approve a variance to the minimum swimming pool setback requirement from 5' to 2' at 2500 Angelina as requested in File 545-13A. Board Member Avery seconded the motion. Motion carried 6:0. 2) File 547-BA: Request for variances to the minimum front yard building setback requirement from 15' to 12.51', from the minimum swimming pool setback requirement from 5' to 4' and from the minimum pool pump and filter installation setback requirement from 5' to 2'. Location: 3520 Charleston Applicant: Jacob and Heather Walton Mr. Richardson presented the staff report. The applicants, Jacob and Heather Walton, are selling their house and the buyer is requiring that the setback encroachments be dealt with. The house and pool were built prior to the Waltons purchasing the house. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Nineteen 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. 2 BOARD OF ADJUSTMENT November 2, 2006 Discussion followed between the Board and Mr. Richardson. Chairman Harris opened the public hearing and asked for the applicant's comments. The applicant was present. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member Hilliard made a motion to approve variances to the minimum front yard building setback requirement from 15' to 12.5F, from the minimum swimming pool setback requirement from 5' to 4' and from the minimum pool pump and filter installation setback requirement from 5' to 2' at 3520 Charleston as requested in File 547-BA. Board Member Jowers seconded the motion. Motion to approve carried 6.0. 3) File 548-BA: Request for a variance to the maximum size for a subdivision identification sign from 20 sq. ft. to 175.77 sq. ft. Location: West side of Pointe' Parkway Applicant: Lindy Dennis Mr. Richardson presented the staff report. The applicant, Lindy Dennis, would like to construct a 175.77 sq. ft. sign. The Zoning Ordinance currently restricts such signs to 20 sq. ft. Mr. Dennis states that the sign will be dual purpose. The east side will identify the subdivision and the west side will contain the mailboxes for the subdivisions. { There is a pending proposal to increase the maximum size for subdivision identification signs to 70 sq. ft. However, that proposal is part of a large number of changes that are to be considered at some future date. The applicant sball have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Four notices were mailed to property owners within 200 feet. No responses in favor and one in opposition were returned. Slides of the subject property were shown. Discussion followed between Mr. Richardson and the Board. Chairman Harris opened the public hearing and asked for the applicant's comments. Lindy Dennis, the applicant, addressed the Board and answered questions. Discussion followed between the Board members. 3 BOARD OF ADJUSTMENT November 2, 200b Board Member Avery made a motion to deny a variance to the maximum size for a subdivision identification sign from 20 sq. ft. to 175.77 sq. ft. on the west side of Pointe' Parkway as requested in File 548-BA. Board Member Hilliard seconded the motion. Motion to deny carried 5:1 (Pullig). OTHER BUSINESS THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 3:45 P. M. 11