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Chairman Rothermel asked if the City had any plans to build a street in the right of way to <br /> <br /> <br />Staff recommended that a stipulation be added stating that no portion of the building could <br />encroach into the right of way. <br /> <br />Mr. Ensey confirmed that all requirements for public hearing notification have been met. <br /> the <br />subject site. <br /> <br />b. Applicant Presentation <br /> <br />Chairman Rothermel swore in the applicant Charles Anders. Mr. Anders said that he would <br />have room to build the house if the property did not have a large oak tree. However <br />because it is there, he has to shift his building design over. <br /> <br />c. Public Comments <br /> <br />There were no public comments. <br /> <br /> Chairman Rothermel closed the public hearing at 6:23 PM. <br /> <br />d. Question and Answer <br /> <br />There was no question and answer <br /> <br />Motion by Dennis Oian to approve Variance Request 16-93000002, a request by Bayway Homes <br />(Charles Anders) for the property located at 530 Dr. Martin Luther King Jr. Drive legally <br />described as lots 1, 2 & 3, Block 104, Town of La Porte Subdivision to allow for construction of a <br />new single family detached house that is set back 0 feet from the side (north) property line, <br />contrary to the provisions of Section 106- <br />minimum 5-foot side setback. <br /> <br />Second by Nettie Warren. Motion Carried. <br /> <br />Ayes: Rod Rothermel, Dennis Oian, Nettie Warren, Chester Pool and Charles <br />Schoppe <br />Nays: None <br /> <br />Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: <br />Appeals from the Board of Adjustment. <br /> <br />th <br />5. A public hearing will be held to consider Variance Request 16-93000003, a request by S. 16 <br />th <br />Street Partners (Joseph Llamas) for the property located at 1401 S. 16 Street legally known as <br />th <br />Tracts 1B-3, Abstract 35, Johnson Hunter Survey, to allow for a landscape frontage on S. 16 <br />Street of 14.75 feet and a landscape frontage on the unimproved W. M Street right-of-way of <br />10 feet for construction of a new warehouse/distribution facility, contrary to the provisions of <br /> <br />