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HomeMy WebLinkAbout2-14-00 BA Minutes..MI : TES' BOARD OF ADJUSTMENT February 14, 2000 City Council Chambers A Special Meeting of the Board of Adjustment was held on February 14, 2000 at 5:00 p.m. with the following members present: Board Member Bob Harris Board Member Mary Jowers Board Member Alvin Cook Board Member Lynn DeMary Alternate Member Ed Orr Alternate Member Georgine Guillory Board Members absent: Board Member Dohn LaBiche Alternate Member Joe Ashy Alternate Member Lamar Roach Also present: Stephen C. Richardson, Planning Manager; Murray Duren, Senior Planner; Lane Nichols, City Attorney and Jill Cole, Recording Secretary SWEARING IN OF WITNESSES PUBLIC HEARING 1) To consider a rehearing of 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 Harris explained that the purpose of the special meeting is whether or not to rehear File 435-BA per Board Member Jowers' request. Board Member Jowers stated that she felt that the Board should rehear File 435-BA. Mr. Richardson said that the meeting of February 3, 2000, File 435-BA failed because it did not receive four affirmative votes. The Board of Adjustment does have the right to vote on a motion to rehear a case again. The procedure has been followed in that Board BOARD OF ADJUSTMENT February 14,2000 Member Jowers requested in writing for the Board to vote on whether or not they would rehear this case. It must be done within the 10 day period and because the loth day did fall on Sunday, February 13, according to the Legal Department, today would be the 10th day. There is some additional information that was not heard at the first meeting. The purpose of today's meeting is to consider a motion on whether or not the Board wants to rehear the case and the actual rehearing of the case will be on the March 2, 2000 agenda. Board Member Harris asked if the new evidence was going to be presented. Mr. Richardson replied that during the February 3 meeting, there was a question of the exact location of the utilities and that has been researched and been submitted as new evidence. The storm sewer runs down the middle of 1lth Street. The sanitary sewer is served at the rear of the building. The water line 3' behind the curb which would put it 29' from the front of the proposed addition. The gas lines are approximately 6' behind the curb which would put it 26' from the front of the proposed addition. The overhead lines that run along that side of I Ith Street are approximately 4' from behind the curb so that would put it about 28' from the proposed addition. In response to Board Member Harris, Mr. Richardson said that from the curb to the property line is approximately 32' . Board Member Harris asked if that was an undue length from the curb to the property line. Mr. Richardson said the right-of-way varies on 11th Street. The subject area has a right- of-way of 100' . Board Member Harris asked if the Board would require the same setback from the property line if it was for a sign. Mr. Richardson said that the regulations would be different for a sign. The ordinance states that the supporting member of a sign must be 10' back unless a variance is granted. Board Member Harris clarified that a sign could not be put where they want to put a building without obtaining a variance. Mr. David White told the Board that they knew Mr. LaBzche couldn't vote on their request at the February 3rd meeting, but they didn't know he wouldn't be able to make a presentation, and they weren't prepared to make the presentation. One concern that was mentioned was that the utilities underneath might be too close to the building and that if the City had to work on the utilities with the building being there that the building might 2 BOARD OF ADJUSTMENT February 14, 20W be damaged and then the City would be responsible for damages to the building. Mr. White said that they are willing to sign a waiver to the effect that if there is damage while the City is working on utilities, Funchess, Mills, White and Company will be responsible for any repairs to their building. The neighbors on either side, Mike Vega of T & T Motors and Mr. Rand of the Conoco Station had been contacted and they have no problem with the proposed addition. Board Member Cook asked if there had been problems in the past with damage to property. Mr. Richardson said that Tom Warner, Public Works Director, suggested the waiver in case of repairs in the future. City Attorney Lane Nichols said that the City can draft and enforce an indemnity that will protect the City against liability. Discussion of sewer Iines followed. Board Member Harris clarified that the only decision before the Board today is deciding whether or not they will rehear the case again. Board Member Harris asked for comments in favor or in opposition. Scott Rand, operator of the Conoco Station next to the subject property, addressed the Board in favor of a new hearing. Board Member Jowers made a motion to rehear File 435-BA at the March 2, 2000 meeting of the Board. Board Member Cook seconded the motion. The vote on the motion follows: Board Member Harris - Against Board Member Jowers - For Board Member Cook - For Board Member DeMary - For Alternate Member Orr - For The motion to rehear File 435-BA carried 4:1. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 5:30. 3