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HomeMy WebLinkAbout2-3-00 BA Minutes7 is *M)<N>UTE>S* BOARD OF ADJUSTMENT February 3, 2000 City Council Chambers A meeting of the Board of Adjustment was held on February 3, 2000 at 3:00 p.m. with the following members present: Board Member Bob Harris Board Member Dohn LaBiche Board Member Alvin Cook Board Member Lynn DeMary Board Member Mary Jowers Alternate Member Ed Orr Board Members absent: Alternate Member Joe Ashy Alternate Member Lamar Roach Alternate Member Georgine Guillory Also present: Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician; Jill Cole, Recording Secretary; Stephen Bonczek, City Manager and Laurie Leister, Planning Commission Chairman APPROVAL OF MINUTES Board Member LaBiche made a motion to approve the minutes of the December 2, 1999 Public Hearing. Board Member DeMary seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 435-BA: A request for a special exception to the regulations of the zoning ordinance to allow a two foot setback on the west side (front yard) of the subject property. Location: 1150 North 11th Street Applicant: Larry Mills of Funchess, Mills, White and Company (Board Member LaBiche recused himself from discussion of this case.) BOARD OF ADJUSTMENT February 3, 2000 Mr. Duren told the Board that the special exception request was for a CPA's office. The property along Eleventh Street on the east side is zoned general commercial and the front of the applicant's property is on Eleventh Street. They are asking for an exception to 2' from the property line instead of the required 20' for an exception of 18' . The addition is proposed for the northwest corner of the building. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. Larry Mills of Funchess, Mills, White and Company, the applicant, addressed the Board. Mr. Mills said that their CPA firm employs about 25 people and that the building is at maximum capacity now. They don't have access to the north, east or south. The property line from the curb of Eleventh Street is 30'. With a 2' setback, the building would be at 32' from the curb to the new addition of the building. There is ample parking for both employees and clients. Mr. Mills said that they spoke to their surrounding neighbors and there were no objections. In response to Alternate Member Orr, Mr. Mills said that they would still have ample parking after the proposed addition. Mr. Mills .said they had tried to purchase some property around them but had no luck. In response to Board Member Harris, Mr. Mills said the reason they are not selling their building and moving somewhere else is because they like their current location and it would be much more costly to move to another location. (Board Member Jowers arrived.) Discussion of property lines and setback restrictions followed between staff and the Board. In response to Board Member DeMary, Mr. Mills said that they were aware that the area that they planned to landscape is city owned right-of-way and might be dug up for maintenance of water lines. Board Member Harris expressed concern that if, because of the close proximity, the City were to damage the applicant's building during repair to water lines, the City would be liable. Twenty-one notices were mailed to property owners within 200 feet. Four responses in favor and none in opposition were returned to staff. PJ BOARD OF ADJUSTMENT February 3. 20M Board Member Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between Board members followed. Board Member Jowers made a motion to approve the special exception to allow a 2' front yard building setback at 1150 N. I Ith Street as requested in File 435-BA. Board Member Cook seconded the motion. The vote on the motion to approve File 435-BA follows: Board Member Harris - Against Board Member Jowers - For Board Member Cook - For Board Member DeMary - For Alternate Member Orr - Against The motion to approve File 435-BA failed 3:2:1 (abstention). 2) File 436-BA: A request for a variance to residential side yard building setback regulations to allow a 2' setback instead of a 5' setback for an addition to a home. Location: 185 Ridgeland Applicant; Stephen L. McGrade, et ux Mr. Duren told the Board that the applicants want to add on the front of their house and the side setback is 5' . They are requesting permission to build within 2' of their north property line or the interior side property line. The existing garage will be converted into living area and the carport will be located in front of that. Slides of the subject property were shown. Mr. Duren reminded the Board that the applicant has the burden of proof to demonstrate compliance with conditions A, B and C. Board Member Harris opened the public hearing and asked for the applicant's comments. Steve McGrade, the applicant, addressed the Board and answered questions regarding materials to be used on the addition. He said he spoke to his neighbor on the side of his driveway and they had no objection. In response to Board Member DeMary, Mr. McGrade said there was no fence between his driveway and neighbor, just grass. Mr. McGrade answered questions from Alternate Member Orr pertaining to fire safety. Board Member Harris asked for continents in favor or in opposition. 3 BOARD OF ADJUSTMENT February 3, 2000 Swearing in of Mrs. Brocato. Mrs. Myrna Brocato, 195 Ridgeland, addressed the Board. She and her husband Iive in the house on the driveway side of the McGrade's house. She had no problem with the addition. Board Member Harris closed the public hearing. Board Member LaBiche made a motion to approve the variance to allow a 2' interior side yard building setback at 185 Ridgeland as requested in File 436-BA. Board Member Cook seconded the motion. The vote on the motion to approve File 436-BA follows: Board Member Harris - For Board Member LaBiche - For Board Member Jowers - For Board Member Cook - For Board Member DeMary - For The motion to approve File 436-BA carried 5:0. 3) File 437-BA: A request for a variance to the sign regulations for an owner identification sign in an RS (Residential Single Family Dwelling) District to allow a 70 square foot sign instead of the 50 square feet allowed by ordinance. Location: 3650 Dowlen Road Applicant: Fittz and Shipman, Inc. for Calvary Baptist Church Mr. Duren told the Board that the applicant wants to install a new pylon sign in front of the main church building. The church is located across the street from the YMCA tennis courts. Prior to 1999, the maximum size for signs for apartments, churches or schools in residential districts was 20 square feet. In 1999, Council adopted an ordinance to allow 50 square feet as well as internal illumination. The applicants are asking for a variance on the square footage and would also like intermittent lighting. The proposed sign is to be a moving sign, which is not allowed. Mr. Duren said that the City is currently studying a large area in the west end from Dowlen to Major Drive and from Gladys to Highway 105 for an overlay district dealing with signage. There have been several meetings and workshops of the Planning Commission and City Council and with some sign company officials. One of the major 4 BOARD OF ADJUSTMENT February 3, 2000 points of the proposal is that pylon signs will no longer be allowed, only monument type signs. There's also an amortization period of seven years. All non -conforming signs will have to be removed after the seven year period. Mr. Cooper said that State law is that if a sign is a non -conforming sign, the City has to compensate them for it or pay them to reconstruct it to meet the code. If the Board approves the subject request, the City will, at some point, end up buying it back from them, or paying them to reconstruct it as a monument sign, according to the present proposal. Slides of the subject property were shown. Board Member Harris opened the public hearing and asked for the applicant's comments. John Holm of Fittz and Shipman, Inc., the applicant, addressed the Board. Mr. Hohn said that the intent is to have the proposed sign replace the existing sign. Board Member Harris asked for continents in favor or in opposition. Swearing in of Pastor Kenny Rawls. Pastor Rawls of Calvary Baptist Church addressed the Board. He said that he is the church administrator and runs the drug rehab program for youths as well as single adult groups. The purpose of the scrolling sign was not necessarily to advertise for the church, but to post meeting information for the outreach programs like the drug and alcohol rehab, as well as information on the divorce and grief recovery groups. Laurie Leister, Chairman of the Planning Commission, addressed the Board. She said the proposed sign ordinance that was discussed earlier would have an impact on the proposed sign. She said that the requested sign is not in keeping with what she believes will be approved as the new sign ordinance, or what is currently there in the neighborhood. The proposed ordinance is for monument signs with a maximum of 60 square feet and will prohibit pole signs. The overlay district applies only to the area from Dowlen to Major Drive and from Gladys to Highway 105, Mr. Stephen Bonczek, City Manager, addressed the Board in opposition. He reiterated that the requested sign is not in keeping with the proposed sign ordinance. Board Member DeMary noted that Mr. Bonczek had not been sworn in. Swearing in of Mr. Bonczek. Board Member Harris closed the public hearing. 5 BOARD OF ADJUSTMENT February 3, 2000 Board Member LaBiche made a motion to deny the variances to allow a 70 square foot, intermittently illuminated sign at 3650 Dowlen Road as requested in File 437-13A. Board Member Jowers seconded the motion. The vote on the motion to deny File 437-BA follows: Board Member Harris - For Board Member LaBiche - For Board Member Jowers - For Board Member Cook - For Board Member DeMary - For The motion to deny File 437-BA carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 3:58. 2