HomeMy WebLinkAbout2-4-21 BA Minutes
* M I N U T E S *
BOARD OF ADJUSTMENT
February 4, 2021
City Hall, 801 Main Street
A meeting of the Board of Adjustment was held on February 4, 2021 and called to order at 3:00 p.m.
with the following members present:
Chairman Dana Timaeus
Board Member Jeff Beaver
Board Member Tom Rowe
Board Member Lee Smith
Board Members absent: Board Member Joey Hilliard
Alternate Board Member Christy Amuny
Also present: Demi Laney, Senior Planner
Tyrone Cooper, City Attorney
Catherine Allen, Recording Secretary
APPROVAL OF MINUTES
Board Member Smith moved to approve the minutes for August 6, 2020. Board Member Beaver
seconded the motion. The motion to approve the minutes carried 4:0.
Chairman Timaeus informed the applicant, Steven Odle, that with only four (4) members present, an
approval would require a unanimous vote. He explained Mr. Odle’s options of continuing the meeting
with the members present or postponing to a future meeting. Mr. Odle chose to continue with the
meeting.
SWEARING IN OF WITNESSES
All witnesses were sworn in at 3:02 p.m.
PUBLIC HEARING
1) File PZ2021-10: To consider a request for a Variance to the required minimum side yard
setback in R-S (Residential Single-Family) zoning, from 10’ to 1.4’.
Applicant: Steven Odle
Location: 5530 Sul Ross Lane
Ms. Laney presented the staff report. Steven Odle is requesting a variance to the side yard setback for
the property located at 5530 Sul Ross Lane. The property is zoned Residential Single-Family (R-S)
and therefore requires a 10’ foot side setback on an exterior corner lot.
BOARD OF ADJUSTMENT
February 4, 2021
The open-air carport will be tied onto the existing roof line and extend out 25’. The length of the
carport will encroach approximately 8.6’ into the required setback and be situated 1.4’ from the side
property line.
The applicant shall have the burden of proof to demonstrate that all three conditions necessary for
approval have been met:
A) That the granting of the variance will not be contrary to the public interest;
B) That literal enforcement of the ordinance will result in unnecessary hardship because of
exceptional narrowness, shallowness, shape topography or other extraordinary or
exceptional physical situation or hardship physical condition unique to the specific piece of
property in question. “Unnecessary hardship” shall mean physical hardship relating to the
property itself as distinguished from a hardship relating to convenience, financial
considerations or caprice, and the hardship must not result from the applicant or owner’s
actions; and
C) That by granting the variance, the spirit of the ordinance will be observed and substantial
justice will be done.
Discussion followed clarifying the dimensions of the proposed carport setback would be 1.5 feet.
Slides of the subject property, site plan, and surrounding neighborhood were shown.
Twenty-eight (28) notices were mailed to property owners within two hundred (200) feet of the subject
property. No responses were received in favor or opposition.
The applicant, Steven Odle, 5530 Sul Ross Lane, addressed the board. He stated the reason he and his
wife would like to build the carport is that they take care of their granddaughter and would like to be
able to get her in and out of the car, while keeping her out of the elements.
Discussion followed to clarify that the carport would be open-air and that it would be tied to the
roofline.
Board Member Beaver inquired if Mr. Odle had spoken with any of his neighbors about the project.
Mr. Odle responded that he had spoken with some who have been in support and that his son who lives
across the street is in favor.
Board Member Rowe pointed out on the slide where the property line lies and commented that the line
of sight would not be obstructed.
The Board briefly discussed the placement of the proposed carport and an easement of the property.
The public hearing was opened and closed without comment.
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BOARD OF ADJUSTMENT
February 4, 2021
Board Member Rowe moved to approve the request allowing a Variance to the required minimum side
yard setback in R-S (Residential Single-Family) zoning, from 10’ to 1.5’, as requested in File PZ2021-
10. Board Member Smith seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye,
Board Member Beaver-Aye, Board Member Rowe-Aye, Board Member Smith-Aye. The motion to
approve carried 4:0.
OTHER BUSINESS
None.
THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT
3:11 p.m.
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