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HomeMy WebLinkAbout7-1-21 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT July 1, 2021 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on July 1, 2021 and called to order at 3:06 p.m. with the following members present: Chairman Dana Timaeus Board Member Joey Hilliard Board Member Tom Rowe Board Member Lee Smith Board Members absent: Board Member Jeff Beaver Alternate Board Member Christy Amuny Also present: Demi Laney, Senior Planner Sharae Reed, First Assistant City Attorney Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes for June 3, 2021. Board Member Rowe seconded the motion. The motion to approve the minutes carried 4:0. Chairman Timaeus informed the applicant that with only four (4) members present, an approval would require a unanimous vote. He explained the applicant’s options of continuing the meeting with the members present or postponing to a future meeting. The applicant chose to continue with the meeting. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:08 p.m. PUBLIC HEARING 1) File PZ2021-181: To consider a request for a Variance to the required minimum front yard setback for a carport to be reduced from 25’ to 6’ in an R-S (Residential-Single Family Dwelling) District. Applicant: Fredrick Marion Location: 4875 Buffalo Street Ms. Laney presented the staff report. Fredrick Marion is requesting a variance to the minimum front yard setback for the property located at 4875 Buffalo Street. The property is zoned Residential Single- Family (R-S) and therefore requires a 25’ front setback. BOARD OF ADJUSTMENT July 1, 2021 The applicant has an existing carport and therefore must request a Variance for an additional carport in the front setback. The open-air carport will extend out 25’in length and 20’ in width. The length of the structure will encroach approximately 19’ into the required setback and be situated 6’ from the front property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for approval have been met: A) That the granting of the variance will not be contrary to the public interest; B) That literal enforcement of the ordinance will result in unnecessary hardship because of exceptional narrowness, shallowness, shape topography or other extraordinary or exceptional physical situation or hardship physical condition unique to the specific piece of property in question. “Unnecessary hardship” shall mean physical hardship relating to the property itself as distinguished from a hardship relating to convenience, financial considerations or caprice, and the hardship must not result from the applicant or owner’s actions; and C) That by granting the variance, the spirit of the ordinance will be observed and substantial justice will be done. Slides of the subject property, site plan, and surrounding area were shown. Twenty-three (23) notices were mailed to property owners within two hundred (200) feet of the subject property. No responses were received in favor or opposition. The applicant, Fredrick Marion, 4875 Buffalo Street, addressed the board. He stated that he has owned the property for twenty-three (23) years and that he would like to add a carport to help him get in and out of his vehicle without being in the elements. He added that having the carport would keep him from getting exhausted getting in and out of the vehicle, as he has health issues. Chairman Timaeus asked if Mr. Marion owned more than one property and the applicant replied that he owns the subject property and the property next door. Board Member Rowe asked if the vehicles in the pictures were the usual vehicles parked at the property and Mr. Marion confirmed this to be the case. Board Members Smith and Hilliard both complimented the applicant on the upkeep of the properties. Chairman Timaeus moved to approve the request allowing a Variance to the required minimum front yard setback for an open air carport to be reduced from 25’ to 6’ in an R-S (Residential-Single Family Dwelling) District, as requested in File PZ2021-181. Board Member Hilliard seconded the motion. A 2 BOARD OF ADJUSTMENT July 1, 2021 roll call vote was taken. Chairman Timaeus-Aye, Board Member Hilliard-Aye, Board Member Rowe- Aye, Board Member Smith-Aye. The motion to approve carried 4:0. Chairman Timaeus thanked the applicant for going through the correct process by making the request before the work was done. The other Board Members concurred and also thanked Mr. Marion. OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:15 p.m. 3