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HomeMy WebLinkAbout3-2-00 BA Minutes1 ......... ........:.' .MX.N:UT,ES BOARD OF ADJUSTMENT March 2, 2000 City Council Chambers A meeting of the Board of Adjustment was held on March 2, 2000 at 3:00 p.m. with the following members present: Board Member Dohn LaBiche Board Member Mary Jowers Board Member Lynn DeMary Alternate Member Ed Orr Alternate Member Georgine Guillory Alternate Member Lamar Roach Board Members absent: Board Member Bob Harris Board Member Alvin Cook l — Alternate Member Joe Ashy AIso present: Stephen Richardson, Planning Manager; Murray Duren, Senior Planner; Joe Sanders, Assistant City Attorney; Adina Abshire, Planning Technician, Jill Cole, Recording Secretary and Kyle Hayes, Economic Development Director APPROVAL OF MINUTES Board Member LaBiche made a motion to approve the minutes of the February 3, 2000 Meeting. Board Member Jowers seconded the motion. Motion to approve carried 5:0. Board Member Jowers made a motion to approve the minutes of the February 14, 2000 Special Meeting. Alternate Member Guillory seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES BOARD OF ADJUSTMENT March 2, 2000 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 of the subject property. This is the second hearing of the request. Location: 1150 North Eleventh Street Applicant: Larry Mills of Funchess, Mills, White and Company Mr. Richardson stated that this case is being brought back before the Board due to additional information being presented. That information deals with the location of utilities. At the February meeting, there was a question as to where the utilities are located and what affect, if any, those utilities might have on the building expansion. The applicants want to build a 35' x 35' one story addition to the southwest corner of the existing office building at 1150 N. l lth Street. The proposed setback would be 2' from the front property line instead of the 20' required by ordinance. The location of the utilities is on the site plan. Gas would be approximately 26' away from the addition; the water line would be 29' . The storm sewer is in the middle of the street. The sanitary sewer is 50' from the rear of the building. At the request of Board Member Orr, staff prepared an aerial map showing buildings in the area with approximate distances of structures from the property line. A number of buildings do not meet the setback requirement. Mr. Richardson addressed a comment made regarding putting the addition in the back of the building. By doing so, the property owners would lose at least 5 parking spaces, would encroach into the 15' rear yard setback and would place the building closer to residential uses to the east. The Board must make a finding that the exception will not adversely affect the value and use of adjacent or neighboring property. The Board must also determine that the exception is not contrary to the best public interest. Twenty-one notices were mailed to property owners within 200 feet. Sixteen responses in favor and one in opposition were returned to staff. Slides of the subject area were shown. 2 BOARD OF ADJUSTMENT March 2, 2000 In response to Board Member DeMary, Mr. Richardson said that the right-of-way in the subject area runs from 80' wide to 120' wide and that is within the range for arterial streets. There are no plans in the foreseeable future for the widening of Eleventh Street, Board Member DeMary, acting as Chairman, opened the public hearing and asked for the applicant's comments. David White of Funchess, Mills, White and Company, the applicant, addressed the Board. Mr. White said that they need the proposed expansion for their business to grow. They are completely out of room. Another reason for the expansion is to improve the handicapped access to the building. Of the clients, 113 are over 65 years old and 113 of those are over 80 years old and they need easier access to the building. There are no wheelchair or walker accessible doors currently. This expansion will be wheelchair and walker accessible. The expansion will include another restroom and that will also be handicapped accessible. The building itself will be 32' from the curb of the street. The nearest utility is the gas line. The building will not encroach on the green area. The businesses on both sides support the expansion - they feel that it will improve the property values in the area. In response to Alternate Member Roach, Mr. White said that there would not be another sign in addition to the existing sign and that the expansion should accommodate the company for at least 10 years. Mr. White answered questions from the Board regarding entrances on the new addition. Board Member DeMary asked for comments in favor or in opposition. Portia Wright of A. M. Investments (Guy Morgan, owner), addressed the Board in opposition to the request. Scott Rand addressed the Board in favor of the request. Mr. Rand's family owns the Conoco station next door to the subject property. Drew Beadle spoke in favor of the request. Mr. Beadle is a Board Member of the Chamber of Commerce. In response to Alternate Member Roach, Mr. Richardson said that TNT Motors owns the property where they operate their business. The public hearing was closed. Discussion between the Board followed. 3 BOARD OF ADJUSTMENT March 2, 2000 Board Member LaBiche stated that he will abstain from voting on this case due to a conflict of interest. AIternate Member Roach made a motion to approve the special exception to allow a two foot (2') front yard building setback at 1150 N. 1 lth Street as requested in File 435-13A. Board Member Jowers seconded the motion. The vote on the motion to approve File 435- BA follows: Board Member Jowers - For Board Member DeMary - For Alternate Member Roach - For Alternate Member Orr - For Alternate Member Guillory - For The motion to approve File 435-BA carried 5:0. 2) File 438-BA: A request for a variance to the landscaping requirements of Section 30-31 concerning the required landscape buffer. Location: 3630 Highland Avenue at Church Street Applicant: Syed M. Mohiuddin Mr. Richardson stated that the subject request was for a variance to the landscaping requirements for a parking lot for a proposed washateria. This request is for a variance for a 3' wide landscape buffer instead of the required 6' buffer. The applicants want to build a new washateria at 3630 Highland. The building will be 18' x 110' . There will be 11 parking spaces in front of the building. A 6' wide landscape buffer is required by the Zoning Ordinance along the entire length of the parking lot along Highland. The Zoning Ordinance allows that 3' of the required 6' may be placed on the right-of-way. The applicant does not have room on the lot to place a full 6' wide landscape buffer along Highland. The applicant shall have the burden of proof to demonstrate compliance with Conditions A,Band C. 18 notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned to staff. SIides of the subject area were shown. 4 BOARD OF ADJUSTMENT March 2, 2000 Board Member DeMary opened the public hearing and asked for the applicant's comments. Syed M. Mohiuddin, the applicant, addressed the Board. He answered various questions from the Board. In response to Board Member DeMary, Mr. Richardson said that the setbacks are in compliance with regulations. Board Member DeMary asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member LaBiche made a motion to approve the variance for a 3' wide landscape buffer instead of the required 6' buffer at 3630 Highland as requested in File 438-BA. Board Member Jowers seconded the motion. The vote on the motion to approve File 438- BA follows: Board Member LaBiche - For Board Member Jowers - For Board Member DeMary - For Alternate Member Roach - For Alternate Member Guillory - For The motion to approve File 438-BA carried 5:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS THE MEETING WAS ADJOURNED AT 4:00 . 5