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HomeMy WebLinkAbout4-1-99 BA MinutesBOARD OF ADJUSTMENT April 1, 1999 City Council Chambers A meeting of the Board of Adjustment was held on April 1, 1999 with the following members present: Board Member Bob Harris Board Member Mary Jowers Board Member Glenn Bodwin Alternate Member Lynn DeMary Alternate Member Ed Orr Board Members absent: Board Member Dohn LaBiche Board Member Alvin Cook Alternate Member Lamar Roach Alternate Member Joe Ashy Also present; Stephen Richardson, Planning Director; Tyrone Cooper, First Assistant City Attorney; Adina Abshire, Planning Technician and Jill Cole, Recording Secretary. APPROVAL OF MINUTES Board Member Orr made corrections to the minutes of February 4, 1999. Board Member DeMary made a motion to approve the minutes of the February 4, 1999 Board of Adjustment Public Hearing as corrected. Board Member Orr seconded the motion. Motion to approve carried 5:0. SWEARING IN OF WITNESSES PUBLIC HEARING 1) File 423-BA: A equest for a special exception to the front yard building setback ulations of Se on 30-25 B. 1. The applicant asks for an 18' setback from the front property me. The regulations require a 25' setback. Location: 2635 Hazel Applicant: Eddie and Judy Manuel BOARD OF ADJUSTMENT April 1, 1999 Mr. Richardson told the Board that the Manuel's are planning a single family residence on the subject property. The property is in the Oaks Historic District. The plans for the house went before the Historic Landmark Commission and received a Certificate of Appropriateness subject to receiving Board of Adjustment approval for the special exception to the setback requirement. The structures on either side of the subject property are set back 22 feet and 281/2 feet, The applicant shall have the burden of proof of justifying the special exception. Twenty-two notices were mailed to property owners within 200 feet. Two responses in favor and two in opposition were returned to staff. Slides of the subject property were shown. Board Member Harris, acting as Chairman, opened the public hearing and asked for the applicant's comments. Judy Manuel, the applicant, addressed the Board. She answered questions from the Board regarding the oak tree at the rear of the lot and specifics of the layout of the house. In response to Board Member DeMary, Mr. Richardson said that there were no objections voiced at the Historic Landmark Commission meeting when this case was heard. Board Member Harris asked for comments in favor or in opposition. Jeff McManus addressed the Board in favor of the request. Mr. McManus is co-owner of several businesses located in the subject block. The public hearing was closed. Discussion between Board members followed. Board Member Jowers made a motion to approve the special exception to the front yard setback requirement of 18' instead of 25' as requested in File 423-BA. Board Member Bodwin seconded the motion. The vote on the motion to approve File 423-BA follows: PA k ) Board Member DeMary - Yes Board Member Harris - Yes Board Member Bodwin - Yes Board Member Jowers - Yes Board Member Orr - Yes The motion to approve carried 5:0. OTHER BUSINESS BOARD OF ADJUSTMENT April 1, 1999 Mr. Richardson updated the Board on possible changes to the Bylaws to make all members regular members instead of having regular members and alternate members. According to State law, if all nine members were regular. members, in order to approve any request, a 75% vote, or seven concurring votes would be required. Currently, a concurring vote of four of the five members voting, or 75 % of the nine total members is required. This could create problems with getting a quorum in the future. Discussion followed between Board members on whether or not this is a viable option, and it was decided that input from the other members was needed before a decision was made. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:32 P. M. 3