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HomeMy WebLinkAbout1-4-01 BA Minutesh *MINUTES* BOARD OF ADJUSTMENT January 4, 2001 City Council Chambers A meeting of the Board of Adjustment was held on January 4, 2001 at 3:00 p.m. with the following members present: Board Member Bob Harris Alternate Member Lamar Roach Alternate Member Ed Orr Alternate Member Georgine Guillory Board Members absent: Board Member Dohn LaBiche Board Member Alvin Cook Board Member Lynn DeMary Board Member Mary Jowers Also present: Stephen Richardson, Planning Manager; Murray Duren, Senior Planner; Lane Nichols, City Attorney; Adina Abshire, Planning Technician; Jill Cole, Recording Secretary and Don Burrell, Building Official APPROVAL OF MINUTES Alternate Member Roach made a motion to approve the minutes of the August 3, 2000 Public Hearing. Alternate Member Orr seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 442-BA; A request for a variance of 1.5 feet into the 15 foot building setback in a cul-de-sac in an RS (Residential Single Family Dwelling) District. Location: 3520 Charleston Lane Applicant: Fittz and Shipman, Inc. BOARD OF ADJUSTMENT January 4,2001 Mr. Richardson told the Board that a building permit was issued for a new home at 3520 Charleston Lane. Once the slab had been poured, the builder discovered that a corner of the house encroached into the setback 1.5 feet. The applicant has the burden of proof to demonstrate that all three conditions for a variance have been met. Eleven notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned to staff. Slides of the subject property were shown. In response to Alternate Member Roach, Don Burrell, Building Official, said that when an inspection is made on a cul-de-sac, it is difficult to determine the property Iine without a survey. Discussion between Board Member Harris and Mr. Richardson followed regarding property line determination. Lane Nichols, City. Mtorney stated that it is the responsibility of the property owner to build in accordance'with the City's codes and setbacks. The inspectors are checking the slab and the building. They do not conduct the survey and do not have a survey to Iook at. Board Member Roach voiced his concerns that if the City inspects the property and issues a permit, yet takes no responsibility, how can the Board deny the variance. Mr. Nichols answered that either the City's inspection is not guaranteeing that the property is built within the easement or that the statutes set up the variance provisions to remedy just this sort of situation. The Board's duty is the review the criteria for a variance and decide if the application meets those criteria. The Board is not really vouchsafing for everything the City's done or every inspection that has been made or will be made on this property, they're just looking at the criteria for the issuance of a variance and in their judgement, finding whether or not the application is eligible. Board Member Roach commented that while he realized that the Board doesn't set precedent, encroachments in cul-de-sacs are an ongoing problem and asked why there aren't provisions to prevent this type of problem. Discussion followed between the Board and staff regarding the inspection procedure, 0) BOARD OF ADJUSTMENT January 4, 2001 Board Member Harris opened the public hearing and asked for the applicant's comments. John Holm with Fittz and Shipman, Inc., the applicant, addressed the Board. Board Member Harris asked for comments in favor or in opposition. Mickey Beard, the builder of the home, addressed the Board. Board Member Harris closed the public hearing. Discussion between the Board members followed. Board Member Roach made a motion to approve a variance of 1.5 feet into the 15 foot building setback in a cul-de-sac in an RS District at 3520 Charleston Lane as requested in File 442-BA. Board Member Guillory seconded the motion. The vote on the motion to approve File 442-BA follows: Board Member Harris - For Alternate .Member Roach - For Alternate Member Orr - For Alternate Member Guillory - For The motion to approve File 442-BA carried 4:0. OTHER BUSINESS Mr. Richardson gave an update on Mr. Sherlock's case (File 420-OB). On October 12, 2000, a summons was issued to Mr. Sherlock to appear in court between October 12 and October 26. Because he did not appear, a warrant was issued for his arrest on November 16, 2000. He is to appear before the judge on January 12, 2001. If he does not appear, then the warrant is reissued. THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 3:20 . 3