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HomeMy WebLinkAbout10-5-95 BA MinutesBOARD OF ADJUSTMENT October 5, 1995 City Council Chambers A meeting of the Board of Adjustment was held on October 5, 1995 with the following members present: Chairman Jayne Eisen Board Member Bob Harris Board Member Kevin Fuller Board Member Chuck Mason Board Members Absent: Board Member Bruce Irvine Board Member Mary Jowers Board Member Dohn LaBiche Also present: Murray Duren, Senior Planner; Tyrone Cooper, First Assistant City Attorney; Bonnie Semien, Planning Technician; and Jill Cole, Recording Secretary. APPROVAL OF ACMUTES Board Member Mason made a motion to approve the minutes of the June 1, 1995 Board of Adjustment Public Hearing. Board Member Fuller seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File #376-BA: Consider a request to grant a variance of the building setback requirement for two proposed buildings located in an LI (Light Industrial) District. City Codes Section 34-37 E.3. Location: Intersection of Cardinal Drive and Florida Avenue (south side) Applicant: Gary E. Strahan and Kyle G. Strahan BOARD of ADJUSTMENT Oclober 5, 19,95 Public Hearing Mr. Duren explained that the applicants have acquired a small triangular shaped piece of property that is between the Cardinal Drive service road and a gravel surfaced portion of Florida Avenue. The zoning ordinance does not have side, rear or front setback requirements, but states that setbacks are from abutting streets and other. Other means 5' along interior lot lines and 25' off any street right-of-way. In order for the property to be developed with anything it would lose 50', and it's only 22' wide at one end. Chairman Eisen opened the public hearing and asked for the applicant's comments. Gary Strahan, the applicant, addressed the Board. He explained that he is a full-time employee at Mobil and trains inspection personnel on a part-time basis. There is no one else in the area that conducts any type of inspection training. In response to a question from Board Member Harris, Mr. Strahan said that the structures would be permanent. Board Member Fuller asked Mr. Strahan if it was his contention that for the property to have any kind of use, the variance would need to be granted, specifically because of the size, shape, the narrowness and because of the pipelines, there are exceptional conditions with respect to this specific piece of property. Mr. Strahan replied yes. Board Member Mason asked Mr. Strahan if the variance were granted and enabled him to go up to the property line on Florida, but did not allow him to go within a foot of the adjacent property and make the setback 5' there, would he be able to build the structure that way. Mr. Strahan explained that he has talked with representatives from Mobil Pipeline and he is still waiting for the paperwork showing the width of the easement, and whether they actually have an easement in writing has yet to be seen. So the reason he went with 25' was that is basically the size he needs for the building where classes will be held. The distance from the property line to the edge of the easement, which is said to be a 1.5' easement from the outer pipeline is the reason it was put so close to the fence. If Mobil doesn't come up with easement documentation, then there won't be a problem. Mr. Duren presented the City's case. He clarified Mr. Strahan's statement that the property was 49' wide at the east end. Mr. Strahan acquired an additional tract and it is now 22' wide at the the narrow part. In regard to the three conditions A, B, and C, staff found in it's research for this proposed project that granting the two 25' setback variances would be in the public interest. It's a very small tract, it meets the I BOARD OF ADJUSTMENT October 5, 1995 Public Hearing requirements for an irregular shaped tract and the owner would have difficulty putting any use on the property, especially in an industrial district, without some relief. Condition B deals with unnecessary hardship on the owner. The property is bisected by several pipelines and it is very narrow at one end and only 79' wide at the other end. It's a substandard tract as far as industrial zoning which is a 10,000 square foot minimum. It would be an unnecessary hardship on the owner if the variance was not granted. In reference to Condition C, Mr. Duren said that by granting the variance justice would be provided to the applicant and at the same time, provide a use for the property which is now vacant and it would not harm any adjacent or abutting property owners. If you have an existing development in an industrial district regardless what the development is, you're allowed to go in most cases 'to the property line without further action. Staff recommended approval of the setback variance allowing the two buildings, the 24' x 24' and the 48' x 30' building, to be built on the property line along the Florida Avenue right-of-way and to retain the 5' setback off the west property line, the interior line. Six notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Chairman Eisen closed the public hearing. Discussion among Board members and staff followed. Board Member Harris made a motion to approve the variance request as stated in File 376-BA. Board Member Fuller seconded the motion. Motion to approve carried 4:0. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 3