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06 SEP 18 Special A G E N D A BOARD OF ADJUSTMENT SEPTEMBER 18, 2006 - 5:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: 3. VARIANCE REQUEST(S): a. Building line setback variances Clover Ridge PH III, Lots 3 & 4 119 & 203 W. Valentine Petitioner: Traditional Homes, Inc. 1-4 b. Building line setback variances Clover Ridge PH III, Lots 1 & 2 207 & 211 W. Valentine Petitioner: JAMM Construction 5-7 c. Front Yard setback variance 1012 O'Neal Street Petitioner: Norman Kasper 8-9 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: September 18, 2006 5:30 p.m. – 5:52 p.m. ATTENDANCE: Commissioners: Glen Keaton, Chairman Stroud Perry, Bart Gray, Jr., and Martha Boyd Chairman Traylor, and City Engineer Whisker _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Traylor declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: No minutes were submitted for approval. VARIANCE(S): a. Building line setback variance at Clover Ridge PH III, Lots 3 & 4, 119 & 203 W. Valentine Chairman Traylor opened the public hearing at approximately 5:30 p.m. Mr. B.J. Boroughs of Traditional Homes, Inc. explained that the houses were set from an original plat recorded prior to the requirements of straightening the street and putting in the curb and gutter. He stated that the City had required a utility easement and a new survey was produced for the final plat. He stated that the houses are approximately 7.5’ off from the original plat. He noted that the houses are lined-up with the existing houses to the east in the subdivision, adding that on the west side there is a house under construction that might also encroach slightly into the building line setback. He requested a waiver for the houses, stating that they were unaware of any setback violation until the house was sold. Mrs. Tammy Tompkins of Traditional Homes, Inc. stated that the violation came to their attention following the issuance of the occupancy permit. She explained that they were not aware of the violation until the final survey was filed. City Engineer Whisker stated that the four lots were platted without a build line on the plat. He related that this property is Phase III of CloverRidge, explaining that prior it was rezoned for duplexes before being changed back to R-1 for single-family. He stated that after placement of the curb, gutter and sidewalk the property pins were underneath the sidewalk by 1’. He explained that the property is off center from the section line, adding that the City required a 30’ right-of-way for this phase, but noted that the houses do line up with the houses in phase I. In response to a question posed by Chairman Traylor, City Engineer Whisker concurred that the houses in phase I are on a 35’ setback, but the right-of-way for Valentine Road is only 25’. He stated that requesting a 30’ right-of-way for this area did not turn out to be fruitful because the area to the north is on a 25’ right-of-way. Mr. Borroughs and City Engineer Whisker agreed that the houses line up pretty well with the existing brick house belonging to Mr. Thomas. In response to a question posed by Commissioner Gray, City Engineer Whisker stated that the houses appear to be very close to Valentine Road because the road is built entirely within their half of the 25’ right-of-way. He 1 BOARD OF ADJUSTMENT REGULAR MEETING September 18, 2006 explained that the road, curb and gutter have used the entire 25’ making it appear much closer. Commissioner Gray noted that most roads have 11.5’ of grass, adding that in this case the road is built to that line. City Engineer Whisker answered that from the pin right behind the sidewalk there is 35’ to the house, adding that when the property was platted the City requested an additional 5’ of right-of-way. He added that some of the houses are actually closer making it approximately 7’. Discussion ensued regarding the approximate distance being requested for the variance. It was noted that the houses have double drives for parking. Mrs. Tompkins related that the property is located directly across from the trailer park, adding that because the street is very narrow and then widens in front of these houses it makes the houses look even closer to the street. City Engineer Whisker stated that to the opposite side of Valentine, where the Road could develop, he had tried to find the section line, saying that if the road were to ever develop there is a white house that is built inside what is considered to be City right-of-way. Commissioner Gray moved, seconded by Commissioner Perry to approve a building line setback variance at 119 & 203 West Valentine, Lots 3 & 4 of the Clover Ridge Subdivision PH III as request. MOTION CARRIED. Chairman Traylor closed the public hearing at approximately 5:40 p.m. b. Building line setback variances at Clover Ridge PH III, Lots 1 & 2, 207 & 211 W. Valentine Chairman Traylor opened the public hearing at approximately 5:44 p.m. Mr. Michael Fosler presented the final plot plan for Lot 1, stating that the lot may carry the proper setback. He added that he would like to be granted a variance in case it is slightly over the platted build line. Mrs. Tompkins stated that all four of the lots have been sold, explaining that Lot 2 has not been built. She then clarified that lots 3 and 4 are finished and lot 1 has already started being built and lot 2 is vacant. Mr. Fosler stated that he would like to put the house on lot 2 at the same setback as the other lots for conformity. It was noted that lots 18 and 19 of phase I are adjacent to lot 1, which is built at the proper setbacks. Chairman Traylor closed the public hearing at approximately 5:47 p.m. Commissioner Gray moved, seconded by Commissioner Boyd to approve the building line setback variance at 207 & 211 W. Valentine, Lots 1 & 2 of 2 BOARD OF ADJUSTMENT REGULAR MEETING September 18, 2006 the Clover Ridge Subdivision PH III to line up with lots 3 and 4. MOTION CARRIED. c. Front Yard setback variance at 1012 O’Neal Chairman Traylor opened the public hearing at approximately 5:47 p.m. Mr. Norman Kasper requested an 8’ variance to accommodate the construction of a handicap ramp for his son. He explained the need for maneuverable room for the wheel chair. In response to a question posed by Commissioner Perry, Mr. Kasper answered that the ramp would be constructed of wood and would be removable if the home were sold. City Engineer Whisker stated that the reason for the variance is because the structure is proposed to have a covering. In response to a question posed by Commissioner Gray, it was explained that the covering would be an extension from the existing roofline. Commissioner Perry moved, seconded by Commissioner Keaton to grant a front yard setback variance at 1012 O’Neal Street. MOTION CARRIED. Chairman Traylor closed the public hearing at approximately 5:51 p.m. ADJOURNMENT: Without objection, Chairman Traylor adjourned the meeting at approximately 5:52 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mike Traylor CITY CLERK – TREASURER 3