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HomeMy WebLinkAbout10-2-03 BA Minutes*MINUTES* BOARD OF ADJUSTMENT October 2, 2003 City Council Chambers A meeting of the Board of Adjustment was held on October 2, 2003 and called to order at 3:00 p.m, with the following members present: Chairman Bob Harris Board Member Pat Avery Alternate Member Gladys Allen Alternate Member Sam Pullig Alternate Member Justin Howard Board Members absent: Board Member Joey Hilliard Board Member Mary Jowers Board Member Dana Timaeus Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner APPROVAL OF MINUTES Alternate Member Pullig made a motion to approve the minutes of the September 4, 2003 Meeting. Alternate Member Allen seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING File 507-BA: A request for variances to the minimum allowable side yard setback from 5' to 4' 6" and to the minimum allowable rear yard setback from 25' to 21 10". Location: 5495 Greenbriar Lane Applicant: U. S. Department of Housing and Urban Development BOARD OF ADJUSTMENT October 2,2003 Mr. Richardson stated that the subject house at 5495 Greenbriar Lane encroaches 6" into the side yard setback and 22- 2" into the rear yard setback. The U. S. Department of Housing and Urban Development has been deeded this property as the result of a foreclosure by the lender. First Preston, the contractor for HUD, has been engaged to secure, appraise and sell the property for HUD. During its research to prepare the property for sale, First Preston discovered that the previous owner had built an addition to the rear of the house. In addition, the northeast corner of the house is built 6" into the side building setback. Staff has done some research and found that a building permit was approved in 1994 to build a detached accessory building. The slab was approved for a detached accessory structure. Building Codes made an inspection and rejected the framing because it was tied into the roofline. However, no future calls were made for further inspections and the structure was built. HUD is asking that the Board of Adjustment approve these building setback encroachments so that the sale of the property can proceed. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Forty-nine notices were mailed to property owners within 200 feet. One response in opposition and none in favor were returned to staff. Slides of the subject property were shown. Discussion followed between Mr. Richardson and the Board. Chairman Harris opened the public hearing and asked for the applicant's comments. T. H. Lavender of Action Properties Management Company addressed the Board on behalf of HUD and First Preston. Mr. Lavender distributed some photos of the subject property to the Board and answered questions. Further discussion between the Board and staff followed. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. 0_1 BOARD OF ADJUSTMENT October 2, 2003 Discussion followed between Board members. Alternate Member Pullig made a motion to approve a request for a variance to the minimum allowable side yard setback from 5' to 4' 6" and to deny a request for a variance to the minimum allowable rear yard setback from 25' to 2' 10" for the property at 5495 Greenbriar Lane as requested in File 507-BA. Board Member Avery seconded the motion. The vote on the motion for File 507-BA follows: Chairman Harris - For Board Member Avery - For Alternate Member Allen - For Alternate Member Howard - For Alternate Member Pullig - For The motion for File 507-BA carried 5:0. THERE BEING NO FURTHER BUSINESS, THE MEIKTING WAS ADJOURNED AT 3:28 P. M. M