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Zoning Board of Adjustment <br />Minutes of May 28, 2015 <br />Page 2 of 7 <br />d. Question and Answer <br />There were no questions. <br />Motion by Nettie Warren to approve Variance Request #15-93000004, allowing construction <br />of a new metal office/warehouse facility to be located three feet (3') from the side (north) <br />property line at 605 S. 16th Street with the condition that all applicable fire rating <br />requirements be met. <br />Second by Charles Schoppe. Motion Carried. <br />Ayes: Rothermel, Schoppe, Walker, and Warren (Alt 1) <br />Nays: None <br />Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals <br />from the Board of Adjustment. <br />4. A public hearing will be held to consider Variance Request #15-93000005, a request by <br />Oakland Land and Development for the property located at 211 N. 11th Street to allow <br />construction of a driveway that is 15 feet from the intersection of Adams Street and N. 12th <br />Street (unimproved right-of-way) contrary to the provisions of Section 106-835, Figure 10-3 of <br />the city's Code of Ordinances which requires a minimum 40 foot distance between a driveway <br />and ROW intersection. <br />Chairman Rothermel opened the public hearing. <br />a. Staff Presentation <br />City Planner Eric Ensey presented staff's report on a variance request by Oakland Land and <br />Development to allow construction of a driveway that is fifteen feet (15') from the <br />intersection of Adams Street and the unimproved right-of-way of N. 12th Street. This <br />request is associated with a one-story, 5,000 square foot metal office/warehouse building. <br />Mr. Ensey noted the City has no plans to improve the N. 12th Street right-of-way and there is <br />a cemetery located to the west of the property with grave sites located within the N. 12th <br />Street right-of-way. <br />Mr. Ensey confirmed that all requirements for public hearing notification had been met. <br />The City received one (1) response from the public in favor of the variance. <br />b. Applicant Presentation <br />Previously sworn in by Chairman Rothermel, Bill Campbell, ACW Design and Construction, <br />consultant for Oakland Land and Development, explained there is a safety concern because <br />there would be a CenterPoint pole in the middle of the driveway if they were required to <br />adhere to the 40' setback requirement. Mr. Campbell also mentioned the grave sites known <br />to be in the N. 12th Street right-of-way. <br />