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02 JUL 08 A G E N D A BOARD OF ADJUSTMENT JULY 8, 2002 - 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regularly Scheduled Meeting June 10, 2002 1-8 3. VARIANCE REQUEST: a. Side & Rear Setback Variance 213 North James Street Petitioner: Sharon’s School of Dance 9-11 b. Maximum Square Footage Variance 3006/3008 W. Main Petitioner: Edward Davis 12-13 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: JULY 8, 2002 /6:37 p.m. – 6:55 p.m. ATTENDANCE: Commissioners: Martha Boyd, Tammy Green, Mark Stroud and William Montgomery City Representative, City Engineer Whisker City Clerk Susan Davitt recorded those listed above in attendance and Acting Chairman Boyd declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Green moved, seconded by Commissioner Stroud to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of June 10, 2002. MOTION CARRIED. VARIANCE(S): a. SIDE & REAR SETBACK VARIANCE/213 North James Street/Sharon’s School of Dance Acting Chairman Boyd opened the public hearing at approximately 6:38 p.m. Mr. Duane Reel stated that he is representing Sharon’s School of Dance, adding that the business has been in operation for many years. He related that the original building was built for Sharon’s School of Dance and that in order to remain competitive, it is felt the building needs to be expanded to offer additional services to the students. He pointed out that when the original plat was drawn for the Grace Brown Addition it showed a 35-foot setback on James Street. He related that the ordinance requires a minimum of 5 feet side yard. He stated if James Street is considered the side yard, then the building came to 20 feet. He stated that since that time, the ordinance has been revised to require that corner lots have a 15-foot setback and a front yard setback of 35 feet. He stated that the owner is requesting that they be allowed to extend the building within 5 feet of the property line as shown on the original plat. In response to a question posed by Commissioner Stroud, Mr. Reel related that equipment on the side of the building would be moved to the rear of the building to clear the space between the building and the property line. Commissioner Stroud questioned if parking is planned for the front 35-foot easement area. Mr. Reel responded that currently the business has parking privileges at the shopping center and that Mr. Bamburg has offered parking privileges on his property. He added that there is room for parking on the east side of the building. Commissioner Stroud pointed out a partial gravel driveway that comes off Poplar Street to the front of the building. He then asked if the owner would be willing to make that area a part of the landscaping. BOARD OF ADJUSTMENT REGULAR MEETING continued: JULY 8, 2002 Discussion ensued and it was related that any other addition to the building would fit setback regulations. It was noted that the property has a utility easement that does not have utilities. Mr. Reel then related that the 45-foot alley behind the shopping center is adjacent to the property and stated that the 5-foot variance would still leave 11.5 feet to the street. He noted that there would be 16.5 feet to accommodate any waterlines and sewer. In response to a question posed by Commissioner Montgomery, Mr. Reel related that there would be 16.5 feet between the building line and the curb on Poplar Street. Discussion ensued and it was noted that the sewer main was 4 feet from the curb and Mr. Reel stated that if it is determined that utilities would interfere with the proposed construction they would review other options. Acting Chairman Boyd closed the public hearing at approximately 6:50 p.m. Commissioner Montgomery moved, seconded by Commissioner Green to approve the rear and side yard setback variance for Sharon’s School of Dance at 213 North James Street with landscaping considerations to the side fronting James Street. MOTION CARRIED. b. MAXIMUM SQUARE FOOTAGE VARIANCE: 3006/3008 W. Main Acting Chairman Boyd opened the public hearing at approximately 6:50 p.m. Mr. Edward Davis of 3006/3008 West Main stated that he would like permission to build a larger building in his back yard to store his boat and vehicles. He related that a storage facility would offer him better control of his property, adding that in the last years he has had two vehicles vandalized, and a lawn mower and a car stereo stolen. In response to a question from Commissioner Stroud, Mr. Davis answered that he intends to remove the current storage building and then construct the new one. He added that he could not place a car in the current storage building. He also responded to Commissioner Stroud, relating that his home has been broken into three times, adding that he also has a problem with people walking through his back yard. He then noted that the building would be ten foot in height. Commissioner Stroud noted the slope of the property, pointing out that the building would not actually be visible from Main Street. Commissioner Montgomery questioned the acreage that Mr. Davis has behind his house. Mr. Davis stated that he was not sure of the acreage. Discussion ensued regarding the proposed location of the building in the back yard to the existing residence. Commissioner Stroud moved, seconded by Commissioner Green to approve the maximum square footage variance as requested at 3006/3008 West Main. MOTION CARRIED. BOARD OF ADJUSTMENT REGULAR MEETING continued: JULY 8, 2002 ADJOURNMENT: Acting Chairman Boyd adjourned the meeting at approximately 6:55 p.m. MOTION CARRIED. Respectfully, _________________________ _____________________________ Susan L. Davitt Mark Perry CITY CLERK - TREASURER CHAIRMAN