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HomeMy WebLinkAbout5-6-04 BA Minutes*MINUTES* BOARD OF ADJUSTMENT May 6, 2004 City Council Chambers A meeting of the Board of Adjustment was held on May 6, 2004 and called to order at 3:00 p.m. with the following members present: Board Member Joey Hilliard Board Member Dana Timaeus Alternate Member Gladys Allen Alternate Member Sam Pullig Board Members absent: Chairman Bob Harris Board Member Mary Jowers Board Member Pat Avery Alternate Member Justin Howard Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Asst. City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner APPROVAL OF MINUTES Alternate Member Allen made a motion to approve the minutes of the March 4, 2004 Meeting. Board Member Timaeus seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING File 514-BA: A request for a variance to the minimum required sign setback from 15' to V for a new sign. Location: 3565 Delaware Applicant: Fountain Woods Apartments BOARD OF ADJUSTMENT May 6,2004 Eileen Subinsky, an agent for Fountain Woods Apartments, states that the current sign is deteriorating. Instead of repairing the existing sign, they would prefer to erect a new sign at the same location. The property is zoned RM-H. A 15' setback is required from the property line. Ms. Subinsky states that a sign at the 15' requirement would place it into the buildings. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Fifty-six notices were mailed to property owners within 200 feet. Three responses in opposition and none in favor were returned to staff. Slides of the subject property were shown. Board Member Hilliard, acting as Chairman, opened the public hearing and asked for the applicant's comments. Kim Bagwell with Michael Stevens Interests, Inc. addressed the Board on behalf of Fountain Woods Apartments. Board Member Hilliard asked for comments in favor or in opposition. Mary Burd addressed the Board in opposition to the request. Mrs. Burd's husband, Dr. Jerry Burd, has a dental office located next door to the subject property. She voiced concerns about the proposed sign creating sight restrictions for patients entering and exiting their parking lot. Board Member Hilliard closed the public hearing. Discussion followed between Board members. Alternate Member Pullig made a motion to approve a variance to the minimum required sign setback from 15' to V for a new sign at 3565 Delaware as requested in File 514-BA. Board Member Timaeus seconded the motion. The vote on the motion to approve File 514-BA follows: Board Member Hilliard - For Board Member Timaeus - For Alternate Member Allen - For Alternate Member Pullig - For 2 BOARD OF ADJUSTMENT May 6,2004 The motion to approve File 514-BA carried 4:0. 2) File 515-BA: A request for a variance to the minimum required side yard setback from 7.5' to V for a two story addition. Location: 270 Central Caldwood Applicant: Matt Rokovich Mr. Richardson stated that the applicants, Matthew and Desiree Rokovich, want to build a two story addition to the rear of their house at 270 Central Caldwood. The addition will be 17' 4" x 21' and will include a master bath on the first floor and a game room on the second floor. The Zoning Ordinance requires that a two story structure be set back 7.5' from an interior side property line. The Rokovich's state that due to the irregular shape of the property, the addition will come within V of the property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for the approval of a variance have been met. Eighteen notices were mailed to property owner within 200 feet of the subject property. No notices in favor or in opposition were returned. Slides of the subject property were shown. Board Member Hilliard opened the public hearing and asked for the applicant's comments. Matt Rokovich, the applicant, addressed the Board and answered questions. Discussion followed between the Board and Mr. Rokovich about possible alternatives to building so close to the property line. Alternate Member Pullig suggested to the applicant that, because he needs four favorable votes to be approved, that he withdraw the request until the next meeting and submit an alternative plan. Alternate Member Pullig made a motion to table until the next meeting, a request for a variance to the minimum required side yard setback from 7.5' to 1' for a two story addition at 270 Central Caldwood as requested in File 515-BA. Board Member Timaeus seconded the motion. The vote on the motion to table File 515-BA follows: 9 BOARD OF ADJUSTMENT May 6, 2004 Board Member Hilliard - For Board Member Timaeus - For Alternate Member Allen - For Alternate Member Pullig - For The motion to table File 515-BA carried 4:0. 3) File 516-BA: A request for a variance, to the minimum required rear yard setback from 25' to 12' for a new home. Location: 1920 Westchase Applicant: Debra Clark Mr. Richardson stated that the applicant, Debra Clark, wants to construct a new home on a corner lot at Westchase and Washington. She would like to encroach V into the allowed 15' rear setback. 15' is allowed provided that no accessory buildings of any type are located in the reduced yard. She states that because the lot is on a corner and she is required to meet a 15' side yard setback on Washington, she needs to encroach into the rear yard setback to build the house she wants, Ms. Clark is requesting a 12' rear yard setback even though her site plan shows an encroachment of 1'. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for the approval of a variance have been met. Twenty-three notices were mailed to property owner within 200 feet of the subject property. One notice in favor and none in opposition were returned. Slides of the subject property were shown. Board Member Hilliard opened the public hearing and asked for the applicant's comments. Debra Clark, the applicant, addressed the Board.. Board Member Hilliard asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Board Member Timaeus made a motion to approve a variance to the minimum required rear yard setback from 25' to 12' for a new home at 1920 Westchase as requested in File 4 BOARD OF ADJUSTMENT May 6,2004 516-BA. Alternate Member Pullig seconded the motion. The vote on the motion to approve File 516-BA follows: Board Member Hilliard - For Board Member Timaeus - For Alternate Member Allen - For Alternate Member Pullig - For The motion to approve File 516-BA carried 4:0. 4) File 517-BA: A request for a variance to the minimum required side yard setback from 10' to 7' 6" for a new house. Location: 2505 Potts Applicant: Jim Walter Homes Mr. Richardson stated that Jim Walter Homes has built a house on a corner lot at Potts and Houston. The house sits 7.5' from the property line on Houston. The original building permit was approved with a 10' exterior side yard setback, Bobby Jones, representing Jim Walters Homes, states that the lot's width and the required setbacks prevent a house of any size being built on the property. The house is 32' wide. With side setbacks of 10' and 7' 6", there is still one-half foot remaining. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Twenty-eight notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned. Slides of the subject property were shown. Board Member Hilliard opened the public hearing and asked for the applicant's comments. Bobby Jones of Jim Walter Homes, the applicant, addressed the Board. Board Member Hilliard asked for comments in favor or in opposition. Dorothy Cormier addressed the Board and asked for clarification of the request and how it would affect her property. BOARD OF ADJUSTMENT May 6, 2004 The public hearing was closed. Discussion followed between Board members. Alternate Member Allen made a motion to approve a variance to the minimum required side yard setback from 10' to 7' 6" for a new house at 2505 Potts as requested in File 517- BA. Alternate Member Pullig seconded the motion. The vote on the motion to approve File 517-BA follows: Board Member Hilliard - For Board Member Timaeus - For Alternate Member Allen - For Alternate Member Pullig - For The motion to approve File 517-BA carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:08 P. M. T