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Home My WebLink About12-11-14 Special Called Meeting of the Zoning Board of Adjustment Zoning Board of Adjustment Minutes of December 11,2014 Board Members Present: Rod Rothermel, Charles Schoppe, Nettie Warren (Alt 1), and Doug Martin (Alt 2) I I Board Members Absent: Lawrence McNeal, Chester Pool, and T.J. Walker { 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. Chairman Rod Rothermel called the meeting to order at 6:00 p.m. 2. Roll call of members. f Board Members Rod Rothermel, Charles Schoppe, Nettie Warren (Alt 1), and Doug Martin (Alt 2) i were present for roll call. i 3. Consider approval of meeting minutes: November 13,2014. With no objection presented,the November 13, 2014, minutes were approved as written. s Robert 4. A public hearing will be held to consider Variance Request#14-93000009, a request by R ob I T. Britt,owner of the property located at 730 S. Carroll Street,further described as Lots 43-52, Block 22, Bay Front to La Porte. The applicant is seeking approval of a variance to allow construction of a 2,000 square foot garage/storage building contrary to the provisions of Section 106-741 of the Code of Ordinances. w Chairman Rothermel opened the public hearing at 6:01 p.m. A. Staff Presentation City Planner Eric Ensey presented staff's report on a variance request by Robert Britt to allow a 2,000 square foot garage/storage building to be built at 730 S. Carroll Street, which exceeds the 1,000 square foot maximum size allowed for accessory buildings. Public hearing notices were mailed to 17 property owners located within 200' of the subject tract. The City did not receive any responses from the mail-out. B. Applicant Presentation Robert Britt, 730 S. Carroll, was sworn in by Chairman Rothermel. Mr. Britt assured the Board that the garage he planned to construct would be aesthetically pleasing as it would resemble the primary structure, which has cedar siding on the front and hardi-plank on the sides and rear. Zoning Board of Adjustment r Minutes of December 11,2014 Page 2 of 4 C. Public Comments Wi ndell and CindyGill, 714 S. Carroll were sworn in b Chairman Rothermel. Mr. Gill noted � Y that when he built his home on property he purchased from Mr. Britt, he was required to abide by city codes. Mr. Gill expressed opposition to the variance citing it does not meet the criteria established in the Code of Ordinance for granting a variance. Cindy Gill stated the residential feel of the neighborhood was part of the reason they chose to build in that location. I i I D. Question and Answer j Staff responded to questions from the Board. i Motion by Charles Schoppe to approve Variance Request#14-93000009, allowing construction of a 2,000 square foot garage/storage building with a condition that the building exterior be finished with cedar along the front and hardi-plank on the sides and rear of the building to match the primary structure at 730 S.Carroll Street. Second by Nettie Warren. Motion Carried. Ayes: Rothermel,Schoppe,Warren, and Martin Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 5. A public hearing will be held to consider Variance Request 14-93000010, a request by Juan Cantu, owner of the property located at 9413 Carlow Lane, further described as Lots 267-270, i Block 15, Spenwick Place Sec 2. The applicant is seeking approval of a variance to allow ! construction of a 6-foot high fence located in the front yard on the property line contrary to the provisions of Section 106-791 of the Code of Ordinances. Chairman Rothermel opened the public hearing at 6:20 p.m. A. Staff Presentation City Planner Eric Ensey presented staffs report on a variance request by Juan Cantu to allow construction of a 6-foot high fence located on the front property line at 9413 Carlow Lane. Public hearing notices were mailed to 23 property owners located within 200' of the subject tract. At the meeting, Mr. Cantu submitted four written responses from his neighbors in favor of the request. B. Applicant Presentation Juan Cantu was sworn in by Chairman Rothermel. Mr. Cantu, 9413 Carlow Lane, addressed the Board. Mr. Cantu stated the fence is needed for security due to recent problems with cars being broken into and with trespassing on his property. Zoning Board of Adjustment Minutes of December 11,2014 Page 3 of 4 C. Public Comments There were no comments from the public. D. Question and Answer Staff responded to questions from the Board. Motion by Charles Schoppe to approve Variance Request#14-93000010 allowing construction of a 6-foot high chain link fence along the front yard property line and continuing for a distance of 25-feet along the east property line. Second by Doug Martin. Motion Carried. Ayes: Rothermel,Schoppe,Warren,and Martin Nays: None Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 6. A public hearing will be held to consider Variance Request 14-93000011,a request by Timothy Mouton, owner of the property located at 815 S. 5th Street,further described as north 14 feet of Lot 10, Lots 9 and 8, and the south 14 feet of Lot 7, Block 152, Town of La Porte. The applicant is seeking approval of a variance to allow construction of a canopy structure that will house a recreational vehicle that encroaches 2.2 feet into the required 5-foot setback contrary to the provisions of Section 106-771 of the Code of Ordinances. Chairman Rothermel opened the public hearing at 6:34 p.m. A. Staff Presentation City Planner Eric Ensey presented staff's report on a variance request by Timothy Mouton to allow construction of a canopy structure encroaching 2.2 feet into the required 5-foot side j setback at 815 S.5th Street. Public hearing notices were mailed to 14 property owners located within 200' of the subject i tract. The City did not receive any responses from the mail-out. B. Applicant Presentation Sheila Parker, representing Timothy Mouton, 815 S. 5th Street, was sworn in by Chairman Rothermel. Ms. Parker explained the variance is needed because the canopy needs to be 12-feet wide to allow for the beams to be wide enough to support the cover. C. Public Comments There were no public comments. ' Zoning Board of Adjustment 1 Minutes of December 11,2014 Page 4 of 4 D. Question and Answer Staff responded to questions from the Board. Motion by Charles Schoppe to approve Variance Request#14-93000011,allowing construction of a canopy structure encroaching 2.2 feet into the required 5-foot side setback at 815 S. 5th Street. Second by Nettie Warren. Motion Carried. Ayes: Rothermel,Schoppe,Warren,and Martin Nays: None I Assistant City Attorney Clark Askins read from Section 106-196 of the Code of Ordinances: Appeals from the Board of Adjustment. 7. Administrative Reports Planning and Development Director Tim Tietjens spoke about the various projects currently being developed in the City. Mr. Tietjens also advised the Board of the recent adoption of a comprehensive amendment to the Zoning Ordinance. 8. Board comments on matters appearing on agenda or inquiry of staff regarding specific factual information or existing policy. There were no comments from the Board. 9. Adjourn Motion by Charles Schoppe to adjourn. Second by Nettie Warren. Chairman Rothermel adjourned the meeting at 6:45 p.m. pectfully s bmitted, 44 &gu 94 Secretary,Zoning Board of Adjustment Passed and Approved on 2014' Rod Rothermel Chairman,Zoning Board of Adjustment