Loading...
HomeMy WebLinkAbout10-7-04 BA Minutes*MINUTES* BOARD OF ADJUSTMENT October 7, 2004 City Council Chambers A meeting of the Board of Adjustment was held on October 7, 2004 and called to order at 3:00 p.m. with the following members present: Chairman Bob Harris Alternate Member Justin Howard Alternate Member Sam Pullig Alternate Member Kelli Maness Board Members absent: Board Member Joey Hilliard Board Member Pat Avery Board Member Dana Timaeus Board Member Mary Jowers Alternate Member Gladys Allen Also present: Stephen Richardson, Planning Manager; Adina Abshire, Planner; Jill Cole, Recording Secretary; Tyrone Cooper, First Assistant City Attorney, Boyd Meier, Assistant Building Official APPROVAL OF MINUTES Alternate Member Howard made a motion to approve the minutes of the September 2, 2004 Meeting. Alternate Member Maness seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 528-BA: A request for a variance to the minimum rear building setback from 25' to 3'. Location: 4295 Stephen Lane Applicant: Mr. and Mrs. Jackie Binks Mr. Richardson presented the staff report. The request is for a variance to the minimum rear building setback from 25' to 3' for the property at 4295 Stephen Lane. BOARD OF ADRJSTMENT October 7, 2004 Mr. and Mrs. Jackie Binks want to construct a pool cabana 3' from the rear property line. The Binks state that due to the shape of their lot, the proposed location of the pool cabana is the only area available near the pool. The applicant shall have the burden of proof to prove that all three conditions necessary for the approval of a variance have been met. Nineteen notices were mailed to property owners within 200 feet. No responses were received in favor or in opposition. Slides of the subject property were shown. Chairman Harris opened the public hearing and asked for the applicant's comments. Jackie Binks, the applicant, addressed the Board and answered questions regarding the breezeway. Discussion followed between staff and the Board followed regarding the city' s ordinance on accessory structures. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Further discussion between the Board followed. Alternate Member Pullig made a motion to approve a variance to the minimum rear building setback from 25' to 3' at 4295 Stephen Lane as requested in File 528-BA, subject to the condition that the proposed cabana be attached to the main structure. Alternate Member Howard seconded the motion. The vote on the motion to approve File 528-BA follows: Chairman Harris - For Alternate Member Howard - For Alternate Member Pullig - For Alternate Member Maness - For The motion to approve File 528-BA carried 4:0. 2) File 529-BA: A request for a variance to the minimum side yard building setback from 10' to 5' 611. Location: 1107 McFaddin Applicant: Henry's Place (Some Other Place) Mr. Richardson presented the staff report. The request is for a variance to the side yard building setback from 10' to 5' 6" for the property at 1107 McFaddin. ig BOARD OF ADJUSTMENT October 7, 2004 Some Other Place is wanting to construct an addition onto the rear of Henry's Place. The existing building is 5' 6" from the side property line along Forrest Avenue. It is the desire of Some Other Place to extend the building an additional 32'. The extension would be set back the same distance as the existing building. The addition will consist of an office and a storage and sorting area. The applicant shall have the burden of proof to prove that all three conditions necessary for the approval of a variance have been met. Eleven notices were mailed to property owners within 200 feet. One response in favor and no responses in opposition were returned. Slides of the subject property were shown. Chairman Harris opened the public hearing and asked for the applicant's comments, Milton Bell, architect for the project, addressed the Board. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Alternate Member Howard made a motion to approve a variance to the minimum side yard building setback from 10' to 5' 6" for the property at 1107 McFaddin as requested in File 529-BA. Alternate Member Pullig seconded the motion. The vote on the motion to approve File 529-BA follows: Chairman Harris - For Alternate Member Howard - For Alternate Member Pullig - For Alternate Member Maness - For The motion to approve File 529-BA carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:35 P. M.