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HomeMy WebLinkAbout10-7-21 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT October 7, 2021 City Hall, 801 Main Street A meeting of the Board of Adjustment was held on October 7, 2021 and called to order at 3:26 p.m. with the following members present: Chairman Dana Timaeus Board Member Jeff Beaver Board Member Joey Hilliard Board Member Tom Rowe Board Members absent: Board Member Lee Smith Alternate Board Member Christy Amuny Also present: Adina Josey, Senior Planner Catherine Allen, Recording Secretary APPROVAL OF MINUTES Board Member Hilliard moved to approve the minutes for August 5, 2021. Board Member Beaver seconded the motion. The motion to approve the minutes carried 4:0. SWEARING IN OF WITNESSES All witnesses were sworn in at 3:28 p.m. PUBLIC HEARING 1) File PZ2021-293: To consider a request for a Variance to the required setbacks for an on- premises sign in a GC-MD (General Commercial–Multiple Family Dwelling) District. Applicant: Mike Skinner Location: 4790 Magnolia Street Ms. Josey presented the staff report. Mike Skinner is requesting a Variance for an on-premises sign to the property located at 4790 Magnolia Avenue. The property is zoned as General Commercial- Multiple Family Dwelling (GC-MD) and therefore requires that the structural supports for such signs shall be set back not less than ten (10) feet from any property line or street right-of-way. No part of any sign shall overlay the street right-of-way. The applicant is requesting the sign be installed five (5) feet away from all three (3) property lines at the corner of Magnolia Avenue and East Lucas Drive. Mr. Skinner ensures that the sign will not overlay into the street right-of-way. BOARD OF ADJUSTMENT October 7, 2021 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. Chairman Timaeus asked about the placement and location of the sign. Discussion followed about the placement of the sign, in terms of the right-of-way, power lines, and potential traffic hazards. Further discussion followed to clarify the sign dimensions. The applicant was not present. Chairman Timaeus stated that the applicant has absented himself and if there is anyone else who would represent the applicant that they are also not present. He added that in advance of calling the meeting to order, on his own initiative and without convening the meeting, he directed Ms. Allen to scour the hallways and outside in the parking lot to attempt to find the applicant. He stated that he also asked Ms. Josey to do the same at about 20 to 25 minutes after the hour. He stated that Ms. Allen also called all of the telephone numbers listed on the application in an attempt to reach the applicant, Mike Skinner. Chairman Timaeus added that the telephone numbers were listed as a cell phone and home phone and that the phone call attempts to locate the applicant were unsuccessful. Finally, Chairman Timaeus stated that with no other evidence being presented, the Board would discuss the request with the information that they had. The Board deliberated on the request. Chairman Timaeus moved to deny the request for a Variance to the required setbacks for an on- premises sign in a GC-MD (General Commercial–Multiple Family Dwelling) District, as requested in File PZ2021-293. Board Member Rowe seconded the motion. A roll call vote was taken. Chairman Timaeus-Aye, Board Member Beaver-Aye, Board Member Hilliard-Aye, Board Member Rowe-Aye. The motion to deny carried 4:0. OTHER BUSINESS 2 BOARD OF ADJUSTMENT October 7, 2021 None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:39 p.m. 3