HomeMy WebLinkAbout6-5-03 BA Minutes*MINUTES*
BOARD OF ADJUSTMENT
June 5, 2003
City Council Chambers
A meeting of the Board of Adjustment was held on June 5, 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
Alternate Member Gladys Allen
Alternate Member Sam Pullig
Board Members absent: Board Member Mary Jowers
Board Member Dana Timaeus
Alternate Member Justin Howard
Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First
Assistant City Attorney; Jill Cole, Recording Secretary; Adina
Abshire, Planner
SWEARING IN OF WITNESSES
PUBLIC HEARING
1) File 499-BA: A request for a variance to the minirnum rear yard building setback of 10'
to 51.
Location: 5710 Highway 105
Applicant: Tri-Con, Inc.
Mr. Richardson stated that the applicant, Elias Sarkis, is requesting this variance in order
to build a new convenience store and gas station. This new construction will replace an
old gas station that was demolished earlier this year.
Mr. Sarkis states that due to the site layout and city regulations concerning landscaping and
parking spaces, there is a need to move the building to within 5' of the rear property line.
He also feels that customer safety could be jeopardized if the setback is not reduced.
BOARD OF ADJUSTMENT
June 5, 2003
The applicant shall have the burden of proof to demonstrate that all three conditions
necessary for a variance have been met.
Seven notices were mailed to property owners within 200 feet. No responses in favor or
in opposition were returned to staff.
Slides of the subject property were shown.
(Alternate Member Pullig arrived.)
Chairman Harris opened the public hearing and asked for the applicant's comments.
Elias Sarkis, the applicant, addressed the Board, distributed some photos of the subject
property and answered questions.
Chairman Harris asked for comments in favor or in opposition. No comments were made.
The public hearing was closed.
Discussion followed between Board members.
Board Member Hilliard made a motion to approve a variance to the minimum rear yard
building setback of 10' to 5' at 5710 Highway 105 as requested in File 499-BA. Alternate
Member Allen seconded the motion. The vote on the motion to approve File 499-BA
follows:
Chairman Harris - For
Board Member Avery - For
Board Member Hilliard - For
Alternate Member Allen - For
Alternate Member Pullig - For
The motion to approve File 499-BA carried 5:0.
2) File 500-BA: A request for a variance from the minimum required rear yard building
setback from 25' to 4' 6".
Location: 3995 IH-10 South
Applicant: RKM Construction
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BOARD OF ADJUSTMENT
June 5, 2003
This item is a request for a variance to the minimum rear yard building setback
requirement from 25' to 4' 6".
Rick Morse, the applicant, is requesting a variance to the rear yard building setback
requirement for the property located at 3995 IH-10 South.
The City approved the submitted site plan. When being reviewed, the zoning of the
property was misread and a 5' rear yard building setback was approved. Due to a change
in exterior building materials, Mr. Morse was requesting a variance from the approved 5'
to 4' 6". However, when the variance request was being reviewed, it was discovered that
the zoning is Commercial Manufacturing and not Light Industrial and a 25' building
setback is required.
Discussion followed between staff and the Board.
The applicant shall have the burden of proof to demonstrate that all three conditions
necessary for a variance have been met.
Four notices were mailed to property owners within 200 feet. No responses 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 comment.
Rick Morse, the applicant, addressed the Board and distributed some photos.
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 Pullig made a motion to approve a variance from the minimum required
rear yard building setback from 25' to 4' 6 " at 3995 111- 10 South as requested in File 500-
BA. Board Member Avery seconded the motion. The vote on the motion to approve File
500-BA follows:
Chairman Harris - For
Board Member Avery - For
Board Member Hilliard - For
3
Alternate Member Allen - For
Alternate Member Pullig - For
The motion to approve File 500-BA carried 5:0.
OTHER BUSINESS
0
BOARD OF ADJUSTMENT
June 5, 2003