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HomeMy WebLinkAbout11-7-02 BA Minutes*MINUTES* BOARD OF ADJUSTMENT November 7, 2002 City Council Chambers A meeting of the Board of Adjustment was held on November 7, 2002 at 3:00 p.m. with the following members present: Chairman Bob Harris Board Member Georgine Guillory Board Member Mary Jowers Alternate Member Joey Hilliard Board Members absent: Board Member Dohn LaBiche Board Member Lamar Roach Alternate Member Gladys Allen Also present: Stephen Richardson, Planning Manager; Tyrone Cooper, First Assistant City Attorney; Jill Cole, Recording Secretary; Adina Abshire, Planning Technician; Don Burrell, Building Official; Anna Varela, Code Enforcement Officer, Tom Warner, Public Works Director APPROVAL OF MINUTES Board Member Jowers made a motion to approve the minutes of the August 1, 2002 Public Hearing. Alternate Member Hilliard seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 481-BA: A request for variances to the 10' rear yard setback requirement and the 5' side yard setback requirement to 7' and 3', respectively. Location: 7628 Eastex Freeway Applicant: Porter's Carpets BOARD OF ADJUSTMENT November 7, 2002 Mr. Richardson stated that the applicant, Porter's Carpets, wants to build an addition onto the rear of their existing building. The applicant states that the property on which they want to expand has no value other than for the proposed use. Directly behind the property is an Entergy sub -station and to the side of the property is the Spell Cemetery. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Nine 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. Larry Porter, 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. Alternate Member Hilliard made a motion to approve variances to the 10' rear yard setback requirement and the 5' side yard setback requirement to 7' and Y, respectively at 7628 Eastex Freeway, as requested in File 481-BA. Board Member Guillory seconded the motion. The vote on the motion to approve File 481-BA follows: Chairman Harris - For Board Member Jowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to approve File 481-BA carried 4:0. 2) File 482-BA: A request for a variance to the 20' front yard setback requirement to 9'. Location: 5675 Indian Trail Applicant: Steven Talalis 'FA BOARD OF ADJUSTMENT November 7, 2002 Mr. Richardson stated that the variance request was for the construction of a new storage building to be located at 5675 Indian Trail. The proposed setback would be 9'. Steven Talalis, the property owner, wants to construct a 40' x 80' storage building on a vacant lot adjacent to his residence. He applied for a building permit on September 23, 2002. The site plan showed a 40' x 80' building at a 25' front building setback. The permit was approved with those dimensions. At that time, Mr. Talalis was informed that with the 25' front setback and the required 15' rear setback, he would not be able to build an 80' long building. On September 24, 2002, a building permit was issued as per the site plan, On October 14, 2002, a building code inspector made a foundation inspection on the subject property and found that the framework for the foundation was too close to the property line and, at that time, it was red -tagged. On October 23, 2002, the building code inspector made a routine inspection and found that the foundation had been poured. At that time, a stop work order was issued. The applicant states that the building will be behind other structures that have been built along Indian Trail. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Thirty notices were mailed to property owners within 200 feet. Thirteen responses in favor and two in opposition were returned. Slides were shown. Mr. Richardson answered questions from the Board regarding lot ownership within the subdivision. Chairman Harris opened the public hearing. Don Burrell, Building Official, answered questions from the Board. He stated that Kenneth Southerland, a building inspector, called him from the subject property because he noticed that the foundation was encroaching on the required setbacks. While Mr. Southerland was on the phone, Mr. Burrell pulled the site plan and verified that it was supposed to be 25'. Mr. Southerland said it was closer than 25'. In response to Member Hilliard, Mr. Burrell said that the applicant did have a permit that was issued based on the site plan showing a 25' setback. 3 BOARD OF ADJUSTMENT November 7,2002 At that time, Mr. Burrell told the inspector to red -tag the property, which is a disapproval. Nine days later, the same inspector noticed that the foundation had been poured and according to the memo that is included in the staff report, the inspector said that the owner had said he was going to pour the foundation and there was basically nothing the city could do to stop him. Member Hilliard clarified that the foundation was poured after it was red -tagged. In response to Chairman Harris, Mr, Burrell said the size of the property is108' x 55'. Chairman Harris asked for comments in favor or in opposition. Harold Breaux, 5630 Kohler, addressed the Board in opposition to the request. Mr. Breaux owns 8 lots in the subject subdivision. William L. Griffin, 925 Nichols, addressed the Board in opposition to the request. Mr. Griffin owns five lots in the subdivision. Anna Varela, Code Enforcement Officer, addressed the Board and gave her account of what took place with Mr. Talalis. Mr. Talalis told Mrs. Varela that he was going to use the proposed building for personal storage. Irene Courts addressed the Board in favor of the request. Ms. Courts lives on the other side of Mr. Talalis' vacant lot. Steven Talalis, the applicant, addressed the Board. Mr. Talalis owns several properties in the subdivision. In response to Chairman Harris, Mr. Talalis said he was under the impression that when the City told him that he could not pour the slab, he misunderstood and thought he could pour the slab, but not build the proposed building Mr. Burrell interjected and tried to clear things up. He was told by the inspector that he had gone out to inspect the foundation, checked the foundation, handed the white tag, and then on his way out, noticed that it was too close to the street, therefore issuing the red tag which would void the approval. In response to Chairman Harris, Mr. Talalis stated that he owned Addison Installations, a business that installs patio covers, room additions and screened in rooms. Chairman Harris closed the public hearing. 4 I OSUMI [I 174wirAt it Discussion between Board members followed. Board Member Guillory made a motion to deny the request for a variance to the 20' front yard setback requirement to 9' at 5675 Indian Trail as requested in File 482-BA. Alternate Member Hilliard seconded the motion. The vote on the motion to deny File 482-BA follows: Chairman Harris - For Board Member lowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to deny File 482-BA carried 4:0. 3) File 483-BA: A request for variances to the 20' front yard setback requirement and of the 20' side yard requirement to 10'. Location: Southeast corner of Sabine Pass Avenue and Martin Luther King, Jr. Parkway at Cartwright Avenue Applicant: Long Architects, Inc, Mr. Richardson stated that the request for variances of the 20' front and side yard requirements is for a church that is to be constructed at the southeast corner of Sabine Pass and M.L.K. Parkway. The Divine House of Refuge Church has a small sanctuary at 2650 Sabine Pass. They want to build an approximately 12, 500 sq. ft. church north of their current location. Because of the expansion of M. L. K., parts of the subject property were acquired, leaving an odd -shaped parcel. To get the proposed building on the subject property will require encroachments into the front and side yard setbacks on the west and south sides of the property. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Twelve notices were mailed to property owners within 200 feet. No responses in favor or in opposition were returned. Slides of the property were shown. BOARD OF ADJUSTMENT November 7, 2002 Chairman Harris opened the public hearing and asked for the applicant's comments. Philip Long of Long Architects, Inc., the applicant, addressed the Board. He clarified that the variance request is for Lots 4, 5 and 6. Mr. Long and staff discussed location of sewer lines. Chairman Harris asked for comments in favor or in opposition. Jo Ann Hope, addressed the Board. She owns property in the vicinity and wanted to know if the church wanted to purchase her property. Michelle Searles addressed the Board in favor of the request. Chairman Harris closed the public hearing. I Discussion followed between Board members. Board Member Guillory made a motion to approve the request for variances to the 20' front yard setback requirement and of the 20' side yard requirement to 10' at the southeast corner of Sabine Pass Avenue and Martin Luther King, Jr. Parkway at Cartwright Avenue as requested in File 483-BA. Board Member Jowers seconded the motion. The vote on the motion to approve File 483-BA follows: Chairman Harris - For Board Member Jowers - For Board Member Guillory - For Alternate Member Hilliard - For The motion to approve File 483-BA carried 4:0. OTHER BUSINESS THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:54 P. M. T