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HomeMy WebLinkAbout2-6-03 BA Minutes*MINUTES* BOARD OF ADJUSTMENT February 6, 2003 City Council Chambers A meeting of the Board of Adjustment was held on February 6, 2003 at 3:00 p.m. with the following members present: Chairman Bob Harris Board Member Mary Jowers Board Member Georgine Guillory Board Member Lamar Roach Alternate Member Joey Hilliard Alternate Member Gladys Allen Alternate Member Justin Howard Alternate Member Sam Pullig Board Members absent: Board Member Pat Avery Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planner; Cheryl Robinson, Senior Planner APPROVAL OF MINUTES Board Member Roach made a motion to approve the minutes of the January 2, 2003 Public Hearing. Board Member Guillory seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 489-BA: A request for an appeal to an interpretation by the Planning Manager of Section 30-30 of the Zoning Ordinance concerning the expansion of a barbershop which is a legal non -conforming use. Location: 4490 Bob Applicant: Mohamed Ahmed BOARD OF ADJUSTMENT February 6, 2003 Mr. Richardson stated that Mr. Ahmed spoke with him about the possibility of expanding a legal, non -conforming barbershop at 4490 Bob. The property currently is occupied by a convenience store and a barbershop. In response to Chairman Harris, Mr. Richardson explained that a legal non -conforming use is a use that is not permitted in the zoning category that is now upon the property but was there prior to the change in zoning and was legal under the prior zoning. In this particular case, the property is zoned RS, Residential Single Family Dwelling. There is a convenience store and a barbershop that has been there for many years. It was there before the zoning was changed to RS, so it is what is classified as a legal non -conforming use: (Board Member Jowers arrived.) Mr. Ahmed would like to construct a 12' 6" x 14' addition to the barbershop. The addition would consist of two restrooms and a third room. Section 30-30 of the Zoning Ordinance states that "a building or structure occupied or used by a lawful non -conforming use shall not be enlarged, extended or structurally altered unless the use occupying or using such enlargement, extension or alteration, when considered independently of the lawful non -conforming use, is made to conform to the regulations of the district in which it is located." The property is zoned RS, Residential Single Family Dwelling. Barbershops are not permitted in that district. Section 30-37 of the Zoning Ordinance grants the Board of Adjustment the authority to hear and decide appeals when it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the enforcement of the Zoning Ordinance. The Board must find the following in order to grant an appeal: a. That there is a reasonable difference of interpretation as to the specific intent of the zoning regulations or zoning map. b. That the resulting interpretation will not grant a special privilege to one property inconsistent with other properties or use similarly situated. C. The decision of the Board must be such as will be in the best interest of the community and consistent with the spirit and interest of the City's zoning laws. PA BOARD OF ADJUSTMENT February 6, 2003 Twenty-seven notices were mailed to property owners within 200 feet. Two responses in favor and two in opposition were returned to staff. One undecided response was also returned. Slides of the subject property were shown. Chairman Harris opened the public hearing and asked for the applicant's comments. Mohamed Ahmed, the applicant, addressed the Board. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. In response to Chairman Harris, Mr. Richardson read the comments that were received in opposition. Discussion between the Board members followed. Board Member Roach made a motion to deny an appeal to an interpretation by the Planning Manager of Section 30-30 of the Zoning Ordinance concerning the expansion of a barbershop which is a legal non -conforming use at 4490 Bob as requested in File 489-BA. Board Member lowers seconded the motion. The vote on the motion to deny File 489-BA follows: Chairman Harris - For Board Member Jowers - For Board Member Guillory - Against Board Member Roach - For Alternate Member Hilliard - For The motion to deny File 489-BA carried 4: L Mr. Richardson introduced new alternate members Sam Pullig and Justin Howard. i' 2) ile 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 3 BOARD OF ADJUSTMENT Februan, 6.2003 Mr. Richardson stated that the applicant, Mr. Baskin, would like to demolish an existing carport and build an enclosed garage on the front of his home. Mr. Baskin states that his wife has arthritis and knee problems. He feels that building an enclosed garage will provide a safer environment for when his wife is getting in and out of the car. Building the garage as proposed would place its south edge five feet from the front property line. Charles Nicholas with the Water Department was contacted and he stated that the proposed garage would not interfere with any city utilities. 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. Four responses in favor and none in opposition were returned to staff. Also included in the packet are copies of six petitions that Mr. Baskin circulated. Three of the petitions that replied in support are within 200' of the subject property. Slides of the subject property were shown. Chairman Harris opened the public hearing and asked for the applicant's comments. Benny Baskin, the applicant, addressed the Board. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between the Board members followed. 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. Alternate Member Hilliard seconded the motion. The vote on the motion to approve File 490-BA follows: Chairman Harris - Against Board Member Jowers - For Board Member Guillory - Against Board Member Roach - Against Alternate Member Hilliard - For 4 BOARD OF ADJUSTMENT February 6, 2003 The motion to approve File 490-BA failed 2:3. 3) File 491-BA: A request for a variance to the required rear yard setback of 25' to 10'. Location: Approximately 520' west of the intersection of Cardinal Drive and Florida Avenue Applicant: Gary Wallace Mr. Richardson stated that the subject request is for a variance to the rear building setback requirement for property located on the Cardinal Drive service road, west of the Florida Avenue intersection. A new 50' x 100' building is to be constructed on the subject property. The request is for a 10' rear setback instead of the required 25' . Gary Wallace, the applicant, states that the length of the building and the desire for parking in front of the building necessitates the need for a variance. The property is zoned Light Industrial. The Zoning Ordinance requires a 25' building setback when abutting street right-of-way. The property backs up to the unimproved right- of-way of Florida Avenue. There are no plans to extend Florida south of Cardinal. Charles Nicholas with the Water Department stated that the 10' setback would not interfere with any city utilities. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Eight notices were mailed to property owners within 200 feet. One response in favor and none in opposition were returned to staff. Slides of the subject property were shown. Chairman Harris opened the public hearing and asked for the applicant's comments. Gary Wallace, the applicant, addressed the Board. Chairman Harris asked for comments in favor or in opposition. No comments were made. The public hearing was closed. Discussion between the Board members followed. 5 BOARD OF ADJUSTMENT February 6, 2003 Board Member Roach made a motion to deny a variance to the required rear yard setback of 25' to 10' for the property located approximately 520' west of the intersection of Cardinal Drive and Florida Avenue as requested in File 491-BA. The motion to deny File 491-BA died for lack of a second. Board Member Guillory made a motion to approve a variance to the required rear yard setback of 25' to 10' for the property located approximately 520' west of the intersection of Cardinal Drive and Florida Avenue as requested in File 491-BA. Board Member Jowers seconded the motion. The vote on the motion to approve File 491-BA follows: Chairman Harris - Against Board Member Jowers - For Board Member Guillory - For Board Member Roach - Against Alternate Member Hilliard - For The motion to approve File 491-BA failed 3:2. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 4:10 P. M. Cel