HomeMy WebLinkAbout12-7-06 BA MinutesA meeting of the Board of Adjustment was held on December 7, 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 Timacus
Alternate Member Kelli Maness
Board Members absent: Board Member Joey Hilliard
Alternate Member Sam Pullig
Also present: Steve Richardson, Planning Manager; Jill Cole, Recording Secretary;
Tyrone Cooper, City Attorney; Don Burrell, Building Official
APPROVAL OF MINUTES
Board Member Timaeus made a motion to approve the minutes of the November 2, 2006 Meeting.
Board Member Avery seconded the motion. Motion to approve carried 5:0.
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 549-BA: Request for a variance to the minimum front yard building setback requirement from
25' to 20' .
Location: 5685 Mistletoe
Applicant: Ken and Lynda Moncla
Mr. Richardson presented the staff report. The applicants, Ken and Lynda Moncla, want to
construct a 16 'h' addition onto the front of their house. The addition will include an extension
of the kitchen and a new laundry room. The applicants state that due to the location of the existing
kitchen, the 25' setback prevents the desired renovations and improvements to the house.
BOARD OF ADJUSTMENT
December 7, 2006
The applicants shall have the burden of proof to demonstrate that all three conditions necessary for
a variance have been met.
Twenty 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.
Chairman Harris opened the public hearing and asked for the applicant's comments.
Ken Moncla, 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 Maness made a motion to approve a variance to the minimum front yard building
setback requirement from 25' to 20' for the property at 5685 Mistletoe as requested in File 549-
BA. Board Member Avery seconded the motion. Motion to approve carried 5:0.
2) File 550-BA: Request for variances to the minimum front yard building setback requirement from
25' to 9' and to the minimum side yard building setback from 25' to 4' .
Location: 7635 Homer
Applicant: Freedom Mortgage Corporation
Mr. Richardson presented the staff report. This item is a request for variances to the minimum
front yard building setback requirement from 25' to 9' and to the minimum side yard building
setback requirement from 25' to 4' for the house located at 7635 Homer Drive.
Freedom Mortgage holds the mortgage on the subject property. The mortgage company states that
it is requesting these variances in order to clear up any potential problems with setbacks in the
future.
When the house was originally built, it encroached into the front yard setback. At a later date, the
free-standing garage was constructed at 4.16' from the property line.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
a variance have been met.
Forty-four notices were mailed to property owners within 200 feet. One response in opposition
and none in favor were returned.
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BOARD OF ADRJSTMENT
December 7, 2006
Slides of the subject property were shown.
Chairman Harris opened the public hearing and asked for the applicant's comments.
Mitzi Knowles, attorney for Freedom Mortgage Corporation, addressed the Board.
Denise Bishop of Freedom Mortgage Corporation was also present.
Chairman Harris asked for comments in favor or in opposition. No comments were made. The
public hearing was closed.
Board Member Timaeus made a motion to accept from the setback requirements, the current
existing structure for the minimum front yard building setback requirement from 25' to 9' and to
the minimum side yard building setback from 25' to 4' at 7635 Homer as requested in File 550-
BA. Board Member Jowers seconded the motion. Motion to approve carried 5:0.
3) File 551-BA: Request for a variance to the maximum height requirement for an owner
identification sign from 50' to 70' .
Location: 5560 W. Cardinal Drive
Applicant: Site Enhancement Services
Mr. Richardson presented the staff report. Value Place Hotels is constructing a new hotel at W.
{ Cardinal and IH-10. The applicant states the variance is vital to the property in order to provide
motorists the proper site visibility. The applicant feels that the additional height will allow the sign
to be placed above the treetops and provide ample time for the traveler to safely maneuver in time
to exit.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
a variance have been met.
Ten notices were mailed to property owners within 200 feet. Five responses in favor and none in
opposition were returned.
Slides of the subject property were shown.
Chairman Harris opened the public hearing and asked for the applicant's comments.
Kyle Clements with Site Enhancement Services, the applicant, addressed the Board.
Discussion followed between the Board members.
BOARD OF ADJUSTMENT
December 7, 2006
Board Member Avery made a motion to deny a variance to the maximum height requirement for
an owner identification sign from 50' to 70' at 5560 W. Cardinal Drive as requested in File 551-
BA. Board Member Jowers seconded the motion. Motion to deny carried 5:0.
OTHER BUSINESS
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:40 P. M.
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