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HomeMy WebLinkAbout3-6-03 BA Minutes*MINUTES* BOARD OF ADJUSTMENT March 6, 2003 City Council Chambers A meeting of the Board of Adjustment was held on March 6, 2003 at 3: 00 p.m. with the following members present: Chairman Bob Harris Board Member Mary Jowers Alternate Member Gladys Allen Alternate Member Justin Howard Alternate Member Sam Pullig Board Members absent: Board Member Lamar Roach Board Member Pat Avery Alternate Member Joey Hilliard Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner APPROVAL OF MINUTES Board Member Pullig made a motion to approve the minutes of the February 6, 2003 Public Hearing. Alternate Member Allen seconded the motion. The motion to approve carried 4:0. Board Member Pullig made a motion to approve the minutes of the February 13, 2003 Special Meeting. Alternate Member Howard seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES BOARD OF ADJUSTMENT March 6,2003 PUBLIC HEARING 1) File 490-BA: A request for a variance to the required front yard setback of 25' to 5'. Location: 5075 Bruce Drive Applicant: Benny F. Baskin Mr. Richardson reminded the Board that the subject request was denied at the February 6, 2003 meeting. Mr. Baskin asked that his request be reheard and he provided additional information at a meeting on February 13, 2003 and at that time, the Board agreed to rehear his case today. The applicant shall have a burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twenty-one notices were mailed to property owners within 200 feet. Six responses in favor and none in opposition were returned to staff. Slides of the subject property were shown. (Board Member Jowers arrived.) Chairman Harris opened the public hearing and asked for the applicant's comments. Benny Baskin, the applicant, addressed the Board. He said that after the meeting on the 13 Ih , he went to Building Codes and met with Don Burrell to find out what the guidelines were for the plans. The sides of the proposed garage will be made of Hardi Plank which will be painted to match the trim on the house and will have brick accents to complement the existing brick on the house. Mr. Baskin went over the safety issues that had concerned the Board in the previous meeting and stated that his wife has applied for a handicapped parking tag. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion followed between Mr. Richardson and Alternate Member Howard regarding setbacks and interpretation of the Zoning Ordinance. Board Member Jowers made a motion to approve a variance to the required front yard setback of 25' to 5' for the property at 5075 Bruce Drive as requested in File 490-BA. PA BOARD OF ADJUSTMENT March 6,2003 Alternate Member Allen seconded the motion. The vote on the motion to approve File 490-BA follows: Chairman Harris - For Board Member Jowers - For Alternate Member Allen - For Alternate Member Howard - Against Alternate Member Pullig - For The motion to approve File 490-BA carried 4: 1. 2) File 492-BA: A request for variances to the required side and rear building setbacks from 10' to 0' and a special exception to the required parking requirements. Location: 1096 Calder and 1075 McFaddin Applicant: Hadley Cohen for Hadley's Furniture Mr. Richardson stated that the applicant proposes to build a 40' x 60' showroom adjacent to an existing warehouse. The addition, as proposed, would sit on the South and west property lines. The site plan shows the area where the new showroom would be built as existing parking lot. A field inspection found that area being used for the loading and unloading of delivery trucks and employee parking spaces. At the main showroom on Calder, the only available parking is approximately nine angled parking spaces located on the street right-of-way. The new showroom alone would require eight additional off-street parking spaces. This property is recognized by FEMA as a "Repetitive Loss Target". A "Repetitive Loss" is a structure that has been covered by flood insurance and has made two or more claims on this insurance. A "Target" property is a repetitive loss that has had four (4) or more claims or totaled at least the value of the property in flood claims. As of November, 2001, there have been 17 claims for flood damage to the building and 20 claims for contents damage since 1970. There is a concern that the granting of this variance could be contrary to the public interest in that an additional structure on the property could worsen the flooding problem to existing buildings. Each additional flood claim represents an increase in premiums for the general public. 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. Two responses in favor and none in opposition were returned to staff. Slides of the subject property were shown. KI BOARD OF ADJUSTMENT March 6,2003 Chairman Harris opened the public hearing and asked for the applicant's comments. Stanley Kidd addressed the Board on behalf of the applicant, Mr. Cohen. He said that from the front of the warehouse where the trucks are backed up to it out to in line with the corner of the building on the other side which would be the property line is approximately 47'. Discussion followed between Mr. Richardson and the Board regarding setbacks, etc, Chairman Harris asked for comments in favor or in opposition. Hadley Cohen, the applicant, addressed the Board and answered questions. After discussion between the Board, the applicant and staff, Alternate Member Pullig suggested that the applicant modify and resubmit his request at the next meeting. Board Member Jowers made a motion to table the request for variances to the required side and rear building setbacks from 10' to 0' and a special exception to the required parking requirements at 1096 Calder and 1075 McFaddin as requested in File 492-BA until a special meeting is held. Alternate Member Allen seconded the motion. The vote on the motion to table File 492-BA follows: Chairman Harris - For Board Member Jowers - For Alternate Member Allen - For Alternate Member Howard - For Alternate Member Pullig - For The motion to table File 492-BA carried 5:0. OTHER BUSINESS Chairman Harris said that there is another matter that the City Manager requested the Board consider in a special meeting and called it for March 20, 2003. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:10 P. M. in