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06 DEC 11 A G E N D A BOARD OF ADJUSTMENT DECEMBER 11, 2006 - 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Special Scheduled Meeting November 6, 2006 1-5 3. VARIANCE REQUEST(S): Driveway Variance 111 North James formally known as Churches Chicken Petitioner: Community Bank (site plan included in packet) 6 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: December 11, 2006 6:30 p.m. – 6:54 p.m. ATTENDANCE: Commissioners: Mark Perry, Bart Gray, Jr., Glen Keaton Chairman Traylor, and Representing Engineer Whisker _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Traylor declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Gray moved, seconded by Commissioner Perry to approve the minutes of the regularly scheduled Board of Adjustment meeting of November 6, 2006 as presented. MOTION CARRIED. VARIANCE(S): a. Driveway Variance 111 North James formally known as Churches Chicken Chairman Traylor opened the public hearing at approximately 6:30 p.m. Chairman Traylor noted that the petitioner is Community Bank. Mr. Bond informed the Board that the property was originally developed by Mr. Gilbert as Church’s Chicken, adding that at the time a driveway similar to what is being requested was denied because it was determined to be within 300’ of the Main Street intersection. He added that Mr. Gilbert was granted access from James Street by the adjacent property owner but the easement was never written or assigned. He then explained that Mr. Gilbert failed to meet his obligations and consequently the property was foreclosed. He stated that it has come to light that there was never a recorded easement, so subsequently the property needs a variance to have an access within 300’ of an intersection. He answered that the property is 275’ from the intersection, explaining that the variance request would be for 25’. In response to a question posed by Chairman Traylor, Mr. Bond related that the adjacent property owner has installed a fence prohibiting use of the former access. He stated that Community Bank needs to obtain a dedicated access in order to make the property marketable. In response to a question posed by Commissioner Perry as to the property being marketed as commercial, Mr. Bond answered that it is his assumption that the property would be sold as is. City Attorney Bamburg offered that when the property was approved by the Planning Commission in 1999, access was discussed and it was approved verbally that access would be granted through the parking lot but no documentation was ever recorded to that effect. Discussion ensued regarding approval from the Planning Commission without proper documentation regarding access privileges. Mr. Bond offered that after the property was foreclosed the present owners decided not to allow continued access, which was indicated by constructing a fence on the property line. Mr. Bond stated that the Tract A plat east of McDonalds now has a dedicated easement. BOARD OF ADJUSTMENT REGULAR MEETING December 11, 2006 In response to a question posed by Commissioner Gray, Mr. Bond stated that on the original plat access was a dedicated right-of-way that was never recorded. He added that it appeared in the McDonalds purchase agreement that there was an easement for Churches Chicken access from their parking lot. It was clarified that new interior lots would not need curb cuts on Main Street. Commissioner Gray stated that a negotiated settlement for a recorded easement would be the most ideal situation. He questioned if there had been any effort to purchase an easement. Mr. Clint McGee related that the purchase price was not feasible so negotiations were unsuccessful. In response to a question posed by Chairman Traylor, Mr. Bond stated that the proposed curb cut is approximately 75’ from the existing entrance into the parking lot and 275’ from the centerline of Main Street. In response to a question posed by Commissioner Gray, Mr. Bond replied that the radius of the curb cut would be adequate for turning, noting that there would only be vehicular traffic not bigger trucks. In response to a question posed by Commissioner Gray, Mrs. Joan Zumwalt stated that she felt all efforts to negotiate have been exhausted. Mr. Bond stated that if the Board approves the curb cut, the cost of construction could be used as a negotiation price offered to the adjoining property owners for an easement. Discussion ensued and it was the consensus of interested parties that ideally the choice would be to have access through the parking lot as it had been in the past. Mr. Bond stated that approval of the variance might provide some leverage for negotiations. Commissioner Gray moved, seconded by Commissioner Perry to approve a 25’ driveway variance at 111 North James formally known as Churches Chicken. MOTION CARRIED. The Board encouraged Community Bank to reopen negotiations regarding an easement settlement through the existing parking lot. Chairman Traylor closed the public hearing at approximately 6:54 p.m. BOARD OF ADJUSTMENT REGULAR MEETING December 11, 2006 ADJOURNMENT: Without objection, Chairman Traylor adjourned the meeting at approximately 6:54 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mike Traylor CITY CLERK – TREASURER