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HomeMy WebLinkAbout9-4-03 BA Minutes*MINUTES* 11 BOARD OF ADJUSTMENT September 4, 2003 City Council Chambers A meeting of the Board of Adjustment was held on September 4, 2003 and called to order at 3:00 p.m. with the following members present: Chairman Bob Harris Board Member Joey Hilliard Board Member Pat Avery Board Member Dana Timaeus Alternate Member Gladys Allen Alternate Member Sam Pullig Board Members absent: Board Member Mary Jowers Alternate Member Justin Howard Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Tom Warner, Public Works Director APPROVAL OF MINUTES Alternate Member Pullig made a motion to approve the minutes of the August 7, 2003 Meeting. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HE File 503- : A request for a variance to the minimum allowable setback for a detached owner identification sign of 10' to 3'. Location: 555 N. 10' Street Applicant: Joe Palermo BOARD OF ADJUSTMENT September 4, 2003 Mr, Richardson addressed the Board and said that in the staff report, the required setback was stated as being 10' and it should have read 15'. The variance is to allow the pole of the subject sign 3' from the property line. Mr. Palermo, the applicant, is requesting a variance of the setback requirement for a new sign at his new insurance office at 555 N. 10" Street. The sign support would be 3' from the property line. The overall dimensions of the sign would be 4' x 15' with a sign face of 4' x 7'. Mr. Palermo originally wanted to put the sign in front of the building. However, due to the proximity of the building to the front property line, there was not enough room to put it there. He then decided to put it in the parking lot. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Nineteen notices were mailed to property owners within 200 feet, One response in favor and one in opposition were returned to staff. Slides of the subject property were shown. (Board Member Timaeus arrived.) Discussion followed between Mr. Richardson and the Board regarding handicap parking. (Alternate Member Allen arrived.) Chairman Harris opened the public hearing and asked for the applicant's comments. Joe Palermo, the applicant, addressed the Board. He stated that the previous occupant did not have a sign in place. Discussion of sign regulations followed. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between Board members. N BOARD OF ADJUSTMENT September 4, 2003 Board Member Hilliard made a motion to approve a request for a variance to the minimum allowable setback for a detached owner identification sign of 10' to 3' for the property at 555 N. 10'h Street as requested in File 503-BA. Alternate Member Pullig seconded the motion. The vote on the motion to approve File 503-BA follows: Chairman Harris - Against Board Member Avery - For Board Member Hilliard - For Board Member Timaeus - For Alternate Member Allen - For Alternate Member Pullig - For The motion to approve File 503-BA carried 5: 1. 2) File 504-BA: A request for variances to the maximum allowed front yard building setback from 25' to 6' and to the maximum allowed rear yard building setback from 25' to 10'. Location: 590 Elgie Street Applicant: Shining Star Missionary Baptist Church Mr. Richardson told the Board that the applicant, Shining Star Missionary Baptist Church, wants to construct additions to the front and rear of the existing building at 590 Elgie. On the front would be added 12' deep men's and women's restrooms and on the rear would be added a 25' deep classroom and kitchen addition. The additions would leave 6' from the front property line and 10' from the rear. In an RS District, the Zoning Ordinance does allow the 25' rear yard building setback to be reduced to 15' provided that no accessory buildings of any type are located in the reduced rear yard. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. 20 notices were mailed to property owners within 200 feet. None in favor or in opposition were returned. Slides of the subject property were shown. Chairman Harris opened the public hearing and asked for the applicant's comments. Pastor Malveaux of Shining Star Missionary Baptist Church, addressed the Board. 3 BOARD OF ADJUSTMENT September 4, 2003 Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Alternate Member Pullig made a motion to approve a request for variances to the maximum allowed front yard building setback from 25' to 6' and to the maximum allowed rear yard building setback from 25' to 10' for the property at 590 Elgie Street as requested in File 504-BA. Board Member Hilliard seconded- the motion. The vote on the motion to approve File 504-BA follows: Chairman Harris - For Board Member Avery - For Board Member Hilliard - For Board Member Timaeus - For Alternate Member Allen - For Alternate Member Pullig - For The motion to approve File 504-BA carried 6:0. 3) File 505-BA: A request for variances to the maximum allowable height requirement of 5' to 8' and maximum allowable area requirement from 20 sq. ft. to 70 sq. ft. for a subdivision identification sign. Location: Village Drive at Major Drive Applicant: Nichols Development Company Nichols Development Company received a permit to build a sign at the entrance to the subdivision. The permit was erroneously issued based solely upon a site plan without any dimensions given. Once the sign was built, the Nichols Company was notified the sign was not in compliance with the Sign Overlay District. Since the submittal of the original application, Howard Nichols has expressed his desire to comply with the regulations as much as possible but still have his sign visible to traffic along Major Drive. He has stated that the existing sign will be removed. On August 27, Mr. Nichols brought in a revised proposal asking for a sign that is 70 sq. ft. in area and 8' above the curb height adjacent to the sign. The sign face will be 50 sq. ft. A 2' tall landscape wall will be built surrounding the sign.. The sign will be 6' in height, measured from the top of the landscape wall. 4 BOARD OF ADJUSTMENT September 4, 2003 The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. One notice was mailed to property owners within 200 feet and was returned to staff in favor. Slides of the subject property were shown. Chairman Harris opened the public hearing and asked for the applicant's comments Howard Nichols, the applicant, addressed the Commission. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Alternate Member Pullig made a motion to approve a request for variances to the maximum allowable height requirement of 5' to 8' and maximum allowable area requirement from 20 sq. ft. to 70 sq. ft. for a subdivision identification sign at Village Drive at Major Drive as requested in File 505-BA. Board Member Hilliard seconded the motion. The vote on the motion to approve File 505-BA follows: Chairman Harris - For Board Member Avery - For Board Member Hilliard - For Board Member Timaeus - For Alternate Member Allen - For Alternate Member Pullig - For The motion to approve File 505-BA carried 6:0. 1 4) File 506-BA: A request for a variance to the minimum allowable side yard building setback of 2.5' to 0' for a detached accessory building.. Location: 80121" Street Applicant: John Bergeson The applicants, John and S ' haron Bergeson, have purchased the property at 80121' Street. The original garage was demolished as a condition of the previous owner's FHA R BOARD OF ADJUSTMENT September 4, 2003 mortgage loan, The Bergeson's would like to construct a new, enlarged garage in its place. The original slab is on the south property line and is 30.4' x 19.5'. The new garage would be increased to 23' wide to allow for additional storage and workshop space. The neighbor has submitted a letter stating that he has no objection to the rebuilding of the garage. It would back up to his storage building. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met. Sixteen notices were -mailed to property owners within 200 feet. One response in favor and none in opposition were received. Slides of the subject property were shown. Chairman Harris opened the public hearing and asked for the applicant's comments. Sharon Bergeson, the applicant, addressed the Board and answered questions. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between Board members followed. Alternate Member Allen made a motion to approve a request for a variance to the minimum allowable side yard building setback of 2.5' to 0' for a detached accessory building for the property at 8012111 Street as requested in File 506-BA. Board Member Avery seconded the motion. The vote on the motion to approve File 506-BA follows: Chairman Harris - For Board Member Avery - For Board Member Hilliard - For Board Member Timaeus - Against Alternate Member Allen - For Alternate Member'Pullig - Against T BOARD OF ADJUSTMENT September 4,2003 The motion to approve File 506-BA carried 4:2. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:02 P. M.