11 MAY 09A G E N D A
BOARD OF ADJUSTMENT
MAY 9, 2011
6:30 P.M.
CITY HALL CONFERENCE ROOM
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting
of March 14, 2011 1-3
3. VARIANCE REQUEST(S):
a. Accessory Building Variance
maximum square footage
911 West Trickey
Petitioner: Lonnie Ellis 4-5
b. Accessory Building Variance
setback variance
2113 Steeple Chase
Petitioner: Joyce Harris 6-7
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: May 9, 2011 6:30 p.m. – 6:48 p.m.
ATTENDANCE: Commissioners: Joe Ott, Leroy Akridge,
Alderman Howard, City Engineer Jay Whisker, and Chairman Glen Keaton were present
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City Clerk Susan Davitt recorded those listed above in attendance and Chairman Keaton declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Ott moved, seconded by Commissioner Akridge to approve the minutes of the regularly scheduled Board of Adjustment meeting of March 14, 2010. MOTION CARRIED.
VARIANCE(S): a. 2113 Steeple Chase Accessory Building Variance
Chairman Keaton opened the public hearing at approximately 6:31 p.m.
Mrs. Joyce Harris explained that the accessory building was placed in the side yard at her residence because she was unable to have it moved into the backyard because of the neighboring
fences surrounding her property.
City Engineer Whisker noted that the property is in a reversed pie-shape, explaining that Mrs. Harris’ fence meets her neighbor’s fence at the south end of the property. He stated that
when the movers tried to get the building into the back yard they realized it would not go through the side yard area without disturbing hers and her neighbor’s fence, requiring a couple
of fence panels leading into the rear yard be temporarily removed. He further noted that at the time the building was moved, the ground was soft from rains and it was difficult to
even get the building in the present location.
Alderman Howard questioned if it was also a violation for the accessory building to be located that close to the main residence.
City Engineer Whisker related that he has had several discussions with the Fire Chief regarding the code that states an accessory building cannot be within 15 feet of another structure.
He related that the Fire Chief does not hold strict to that rule, adding that this violation is more about the side yard setback variance. He then answered that there is 1.5 to 2.0
feet from her house to the property line because of the odd lot shape, explaining that the side yard should have 5’ between the structure and the property line.
Discussion ensued as to the possibility of temporarily removing the neighbor’s fence in order to move the accessory building into the back yard.
Mr. Scott Lawson, a neighbor living at 105 Fox Trot, stated he has reviewed the possibilities of being able to move the storage building to the back yard from the front of the lot, adding
that he doesn’t feel that would be possible. He related that he had spoken with the neighbors directly behind Mrs. Harris’ house and they are amenable to allowing a 16’ section of
fence being removed to facilitate the moving of the storage building into Mrs.
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: May 9, 2011 6:30 p.m. – 6:48 p.m.
Harris’ backyard. He related that ultimately they would need a 60 day extension on the ruling to allow for time to get the storage building moved.
He stated that he would be opposed to a variance that would allow the storage building to remain where it is now. He stated that by allowing the neighbors to work together to get the
building moved into the backyard, it is a win-win situation for everyone involved. He stated that the 60-day grace period would allow for the dry season so the building could be moved
lessening any damage to the ground that would be caused by moving the building when the ground is wet.
City Engineer Whisker clarified that the placement of the building could be adjacent to the easement but 5’ from each side fence.
Alderman Howard moved, seconded by Commissioner Akridge to grant a 90-day grace period to have the accessory building moved from the side yard to the rear yard at 2113 Steeple Chase.
MOTION CARRIED.
Chairman Keaton closed the public hearing at approximately 6:44 p.m.
b. 911 West Trickey Lane Accessory Building Maximum Square Footage Variance
Chairman Keaton opened the public hearing at approximately 6:45 p.m.
Mr. Lonnie Ellis stated that following the issuance of his certificate of occupancy, he was told that he would need to construct a storage building to address the issue of him having
open storage. He stated that the building is larger than the 650 square foot maximum that code allows. He then answered that the storage building is 768 square feet, and even that
is filled to capacity.
City Engineer Whisker noted that Mr. Ellis’ property is approximately 80 acres and the storage building sits to the rear and is not a distraction or detraction to anyone else. He stated
that the 650 square foot rule is generally more applicable for subdivisions.
Commissioner Akridge stated that he does not have a problem with the building or the size.
Commissioner Ott noted that as long as the railroad boarders the property he does not feel that anyone would want to build on that side of the property, so the building will not be that
visible.
Commissioner Akridge moved, seconded by Commissioner Ott to grant a maximum square footage variance from 650 to the present size of 768 square feet. MOTION CARRIED.
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: May 9, 2011 6:30 p.m. – 6:48 p.m.
Chairman Keaton closed the public hearing at approximately 6:47 p.m.
ADJOURNMENT:
Without objection, Chairman Keaton adjourned the meeting at approximately 6:47 p.m. MOTION CARRIED.
Respectfully,
___________________________ _____________________________
Susan L. Davitt CHAIRMAN Glen Keaton
CITY CLERK – TREASURER