Loading...
07 SEP 10 A G E N D A BOARD OF ADJUSTMENT SEPTEMBER 10, 2007 5:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting August 13, 2007 1 3. VARIANCE REQUEST(S): a. Sign variance 140 John Harden Drive Petitioner: Alltel Wireless 2-4 (photo included in packet) b. Accessory building maximum square footage 1408 Stone Street Petitioner: Jeanne Hite 5 c. Front Yard setback variance 212 Harold Street Petitioner: Patricia Richmond 6-7 d. Rear Yard setback variance 202 Dale Drive Petitioner: James & Emily York 8-10 Representative: Westglen Properties e. Sign Variance 1206 John Harden Drive 101 Wireless Petitioner: Chin Son (photos included in packet) 11 f. Building setbacks 811 Marshall Road Petitioner: Marshall Road Pharmacy 12 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: September 10, 2007 5:35 p.m. – 6:07 p.m. ATTENDANCE: Commissioners: Bart Gray, Jr., Mark Perry Glen Keaton, Chairman Brannen, and Acting City Engineer Whisker were present _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Brannen declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Perry moved, seconded by Commissioner Keaton to approve the minutes of the regularly scheduled Board of Adjustment meeting of August 13, 2007 as presented. MOTION CARRIED with Chair voting AYE. VARIANCE(S): a. Sign Variance at 140 John Harden for Alltel Wireless Chairman Brannen opened the public hearing at approximately 5:35 p.m. Mr. James Rutter of Pinnacle Signs and Graphics stated that he would be representing Alltel’s request for a sign variance. He explained that typically when Alltel is located in an end tenant location, they place a sign on each of the three side elevations. He related that presently Alltel has a sign located on the front elevation facing Marshall Road and on the rear of the building facing John Harden Drive. He noted that the side of the building also carries a large exposure toward John Harden Drive regarding vehicles traveling to the southwest. He stated that the sign would be 53 square feet, adding that the side elevation of the building has a total of 2,004 square feet. It was noted that the variance request would be for the northeast side of the building and the sign would be the same size as the front building sign. Acting City Engineer Whisker stated that it is a unique situation, explaining that John Harden curves around towards Marshall Road. He then answered that the ordinance allows one sign per street frontage, adding that since there are two street frontages each business has been allowed two signs. Discussion ensued and it was noted that the only other businesses in the shopping center to warrant a request for signs on three sides would be CiCi’s Pizza and Tropical Smoothie. Commissioner Keaton moved, seconded by Commissioner Perry to approve the sign variance as requested. MOTION CARRIED with Chairman Brannen voting AYE. Chairman Brannen closed the public hearing at approximately 5:39 p.m. b. Accessory building maximum square footage variance 1408 Stone Street Chairman Brannen opened the public hearing at approximately 5:40 p.m. Mrs. Jeanne Hite related that there is an existing accessory building that is 788 square foot on the property. She then explained that they are planning to remove an attached storage area to the rear of the building that is 72 square feet, which would still leave the building 66 square feet 1 BOARD OF ADJUSTMENT REGULAR MEETING September 10, 2007 over the maximum allowance. She stated that she is requesting a variance for the 66 square feet, adding that the building will only be used for storage. She noted that the building is completely brick and she would not want to have to tear down brick to downsize the building. She stated that the building would need to have a new roof and that she is planning to replace the roof following the completion of the single-family dwelling. She then answered that the accessory building is visible from the front street and that she is planning to paint the building to match her new home and replace the roof. She stated that she anticipates her home will be completed quickly, explaining that her father is helping. She answered that her new house will be 1040 square feet, three bedrooms and two baths with a carport. She explained that the previous owners had tried to make a single-family home out of the accessory building but were stopped by the City. Luciene Gilliam stated that his mother-in-law lives at 705 Stone Street and he believes this is a good plan for the property. He noted Mr. Roberts, the previous owner, never obtained a building permit when building the house, adding that he never finished work on the accessory building. He spoke in favor of Mrs. Hite’s plans for the property. Acting City Engineer Whisker noted that the City is recommending that no sewer or water be provided for the accessory building to ensure that it remains a storage building. Commissioner Perry moved, seconded by Commissioner Keaton to approve a 66 square foot variance for the accessory building at 1408 Stone Street, stipulating that the rear storage area be removed, fascia repaired, and the building repainted before a certificate of occupancy is issued. MOTION CARRIED with Commissioner Gray abstaining. Chairman Brannen closed the public hearing at approximately 5:48 p.m. c. Front yard setback variance at 212 Harold Street Chairman Brannen opened the public hearing at approximately 5:49 p.m. Mr. Westlake stated that he measured the distance between the street and the house and it was approximately 46.5. Acting City Engineer Whisker stated that the City reserves 11.5 behind the curb and gutter as street right-of-way. He stated that the house was purchased over a year ago and when they purchased the home, they were assured that there would not be any problem for them to add a prefabricated carport to the front. He noted that there was an existing one up the street. He related that later they found out when they tried to obtain a building permit that they would have to have a variance. He stated that they were thinking about a prefabricated building that was 12’ wide, adding that the owner has a Pontiac Grand Am and the length would be tailored to fit the vehicle. He related that he would be willing to build a custom wood structure, but felt the prefabricated carport would make more sense because it can be removed 2 BOARD OF ADJUSTMENT REGULAR MEETING September 10, 2007 easily. Chairman Brannen stated that the Board has typically not approved this type of request because of setting precedence. Mr. Westlake stated that the previous owner enclosed the carport and raised the floor, so that it would be impossible to reopen the carport. He continued that there is only 4’ on each side of the property. He offered to paint the structure to match the house. Commissioner Gray stated that he does not have concerns regarding the quality of construction but stated that it could be arbitrary to grant this request and deny others. Commissioner Perry stated that he would be more inclined to accept a custom built carport. Acting City Engineer Whisker answered that any addition to the front of the house would be over the build line; any portion over the build line would need a variance. Alderman Howard noted that he had served on the Board of Adjustment some years ago, explaining that the Board had denied this type of request from a resident on Hospital Drive who built the carport anyway, adding that the City made him tear it down. He issued concerns for setting a precedence. Discussion ensued regarding the build line and the amount of variance needed. Commissioner Gray moved, seconded by Commissioner Keaton to deny the request regarding a front yard setback at 212 Harold Street. MOTION CARRIED. Chairman Brannen closed the public hearing at approximately 6:00 p.m. d. Rear yard setback variance at 202 Dale Drive Chairman Brannen opened the public hearing at approximately 6:00 p.m. Mr. James York related that he and his wife have lived in the home for approximately 10 years and do not plan to move. He added that they want to make the house more comfortable. Acting City Engineer Whisker stated that the property backs up to Mr. Smith’s home on North First Street, explaining that Mr. Smith owns the property starting to rear of his house and going the distance of Dale Drive. Mr. York stated that there are no houses to the rear of his property, explaining that there is an open field. Acting City Engineer Whisker added that Mr. Smith had originally planned to plat the property for a second street of the Subdivision but later decided to keep the property as personal property. He pointed out that the other 3 BOARD OF ADJUSTMENT REGULAR MEETING September 10, 2007 side of Dale Drive is the property that is currently experiencing sewer problems. Commissioner Gray clarified that with a 25’ required rear yard setback the variance would be approximately 10’, adding that there are no public utilities. Commissioner Keaton moved, seconded by Commissioner Perry to approve the rear yard setback as requested stipulating that the addition not cross the 15’ utility easement. MOTION CARRIED. Chairman Brannen closed the public hearing at approximately 6:03 p.m. e. Sign Variance 1200 John Harden Drive for 101 Wireless Item was removed from the agenda per the petitioner. d. Building setback variances for 811 Marshall Road Chairman Brannen opened the public hearing at approximately 6:03 p.m. Mr. Gary Benton related that the building was originally built in 1964, at which time it was servicing 40 to 60 customers a day. He went on to explain that now he is servicing close to 200 customers per day, saying that his business needs the additional space. He then related that his business had been burglarized again early Saturday morning for the third time. He stated that he is planning to construct a value area with a heavy steel door to protect any valuables. Acting City Engineer Whisker related that the property originally belonged to the Hospital and was sectioned off and sold as needed, which is the reason for the odd shape of this property. He concurred that Mr. Benton has a need given the recent problems the business has experienced. Alderman Howard related that he had spoken with Mr. Benton who offered to create landscaping at the end of the building where the addition would be constructed. Mr. Benton concurred that he would reestablish the landscaping. Commissioner Gray moved, seconded by Commissioner Keaton to grant the necessary variances as requested. MOTION CARRIED. Chairman Brannen closed the public hearing at approximately 6:07 p.m. 4 BOARD OF ADJUSTMENT REGULAR MEETING September 10, 2007 ADJOURNMENT: Without objection, Chairman Brannen adjourned the meeting at approximately 6:44 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Art Brannen CITY CLERK – TREASURER 5