10-23-14 Regular Meeting of the Zoning Board of Adjustment

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Zoning Board of Adjustment Minutes of October 23,2014 Board Members Present: Charles Schoppe, T.J. Walker, Chester Pool, Nettie Warren (Alt 1), and Doug Martin (Alt 2) Board Members Absent: Lawrence McNeal and Rod Rothermel City Staff Present: Planning Director Tim Tietjens, City Planner Eric Ensey, Assistant City Attorney Clark Askins,and Office Coordinator Peggy Lee 1. Call to Order. Vice-Chairman Charles Schoppe called the meeting to order at 6:04 p.m. 2. Roll call of members. Board Members Charles Schoppe, T.J. Walker, Chester Pool, Nettie Warren (Alt 1), and Doug Martin (Alt 2)were present for roll call. 3. Consider approval of meeting minutes: August 28,2014. Motion by T.J.Walker to approve the meeting minutes of August 28,2014. Second by Nettie Warren. Motion carried. Ayes: T.J.Walker,Chester Pool,Charles Schoppe,Nettie Warren,and Doug Martin Nays: None 4. A public hearing will be held to consider Variance Request#14-93000004,requested by Robert Choates, owner of the property located at 121 S. 5th Street, further described as Lots 15-16, Block 41,Town of La Porte. The applicant is seeking approval of a variance to allow an awning that encroaches 10 feet into the required 10-foot side setback adjacent to the W. A Street right-of-way in the Main Street District contrary to the provisions of Section 106-240 of the Code of Ordinances. A. Staff Presentation City Planner Eric Ensey presented staff's report on a variance request by Robert Choates to allow an awning constructed at 121 S. 5th Street,to encroach up to the property line within the 10-foot side setback adjacent to the West A Street right-of-way. As constructed, the awning encroaches into the W. A Street right-of-way; however, the applicant has indicated he would remove the section that encroaches into the right-of-way, if the variance is approved.