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HomeMy WebLinkAbout4-4-96 BA MinutesBOARD OF ADJUSTMENT April 4, 1996 City Council Chambers A meeting of the Board of Adjustment was held on April 4, 1996 with the following members present: Board Member Dohn LaBiche Board Member Mary Jowers Board Member Bruce Irvine Board Member Chuck Mason Board Members Absent: Board Member Bob Harris Vice Chairman Kevin Fuller Also present: Stephen Richardson, Planning Director; Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; and Jill Cole, Recording Secretary. APPROVAL OF M NU TES Board Member Mason made a motion to approve the minutes of the December 7, 1995 Board of Adjustment Public Hearing. Board Member Jowers seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File #378-BA: A request for a variance from the front setback or yard requirements of Section 30-25 B.1. by two feet for three single family residences within an RM-H (Residential Multiple Family Dwelling -Highest Density) District. Location: 425, 435 and 445 Flowers Applicant: Joseph D. Deshotel for Scimco, Inc. Mr. Richardson told the Board that the variance requests are from the 25' front yard setback requirement by 1.1' at 425 Flowers and 1.26' at 435 and 445 Flowers. BOARD OF ADJUSTMENT April 4, 1996 Public Hearing The homes are being constructed to be sold through the non-profit Innovative Housing Development Corporation. The development and sale of these homes is part of the City's ongoing effort of revitalizing the Charlton -Pollard neighborhood. The resulting encroachments are due to some confusion that occurred when the measurements for the foundations were done. The slab on Lot 12 encroaches.from 0.75' to 1.1'. The slab on Lot 13 encroaches from 1.1' to 1.26'. No slab has been poured on Lot 14, but it is the desire of the builder that the houses line up. Staff feels that this variance request adequately meets the three conditions for approval. The building of these homes will help with the revitalization of the neighborhood and in turn add to the tax base of the city. Fifteen notices were sent to property owners within 200 feet of the subject property. No responses in favor or in opposition were returned. Board Member LaBiche, acting as chairman, opened the public hearing and asked for the applicant's comments. Mr. Joseph Deshotel addressed the Board on behalf of Scimco, Inc., the applicant. In response to a question from Board Member LaBiche, Mr. Deshotel told the Board that there are ten houses being built on the subject block. No further comments were made. Board Member LaBiche closed the public hearing. Board Member Irvine made a motion to approve the variance request of File 378-BA as submitted. Board Member Mason seconded the motion. Motion to approve carried 4:0. 2) File 379-BA: A request for a variance from the front setback or yard requirement of Section 30-25 B.2. by thirteen feet for an urgent care clinic located in an area zoned GC -MD (General Commercial -Multiple Family Dwelling) District. Location: Northeast corner of North Street and 14th Street. Applicant: Page Southerland Page Mr. Richardson told the Board that the request was for a variance from the 20' front yard setback by 13' for an elevator encroachment. E BOARD OF ADJUSTMENT April 4, 1996 Public Hearing St. Elizabeth Hospital is in the process of converting the west end of the parking garage at the corner of North and 14th Streets into a new "Urgent Care" clinic. The conversion will include a new elevator that runs to the top floor of the parking garage. The elevator must be large enough to accommodate a stretcher. The helistop is located on the top level of the garage. Staff feels that this variance request adequately meets with the three conditions for approval. Thirteen notices were mailed to property owners within 200 feet. No responses were returned in favor or in opposition. Board Member LaBiche opened the public hearing and asked for the applicant's comments. Cliff Koeninger of Page Southerland Page addressed the Board. Board Member LaBiche asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member Mason made a motion to approve the variance request as stated in File 379-BA. Board Member Irvine seconded the motion. Motion to approve carried 4:0. 3) File 380-BA: A request for a variance from the front setback or yard requirements of Section 30-25 B.1. by five feet for a proposed single family structure located within an RS (Residential Single Family Dwelling) District. Location: 4495 Glen Oak Circle Applicant: Kenneth W. Chaney Mr. Richardson told the Board that the applicant owns Lots 25 and 26 and is building the house himself. When he applied for his building permit there was a misunderstanding on where the front yard setback fell. Subsequently, he laid his foundation with 5 feet encroaching into the 25' front yard requirement. This puts that portion of the slab 31.5 feet from the back of the curb. Staff feels that this variance request adequately meets the three conditions for approval. Seventeen notices were sent to property owners within 200 feet. Two in favor and one in opposition were returned. 3 BOARD OF ADJUSTMENT April 4, 1996 Public Hearing Don Burrell, Building Official, addressed the Board and explained how the misunderstanding of the setback requirements resulted in the encroachment. Board Member LaBiche asked for the applicant's comments. - Kenneth Chaney, the applicant, addressed the Board. Board Member LaBiche asked for comments in favor or in opposition. Pete Churton, 4465 Glen Oak Circle, spoke in favor of the request. Board Member Irvine made a motion to approve the variance request as stated in File 380-BA. Board Member Jowers seconded the motion. Motion to approve carried 4:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED.