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HomeMy WebLinkAbout04-28-87 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD APRIL 28, 1987 CALL TO ORDER PRESENT: Chairman Bruce Beatty, Vice Chairman Bob Colburn, Members Cliff Rhodes and Lowell Boggs, Alternate Genevieve Foster, Building Official Cecil Hurst, Deputy Clerk Teresa Braddy and Deputy Clerk Susan Amesbury. ABSENT: Member Vern Combs and Alternate Tanya Miller. Chairman Beatty called the meeting to order at 7 :36 p.m. and led everyone in the Pledge of Allegiance to the flag. He then led everyone in a moment of silent prayer and meditation. Chairman Beatty stated for the record that there was a quorum present. APPROVALS Mr. Rhodes moved to approve the minutes of the December 18, 1986 Board of Adjustment meeting as printed, seconded by Mr. Colburn and approved unanimously. VARIANCE REQUESTS - CATALINA HOMES Chairman Beatty asked if all of the homeowners within 300 feet of each Variance Request had been properly notified. Deputy Clerk Amesbury answered yes. He then asked if the Variance Requests had been properly advertised. Deputy Clerk Amesbury answered yes. Chairman Beatty asked that the record reflect that all aspects of prior preparation for these Variance Requests had been properly performed. He then briefly explained the function of the Board of Adjustment to the citizens present. Mr. David Burns of Catalina Homes stated that Catalina has 200 of the 285 homes in the subdivision and that only these corner lots presented a problem. He stated that he would like to see the future homes moved closer to the street or corner on each lot, not closer to existing homes. Mr. Burns stated that the price range on these homes would be from the high 60's to mid 70's but that if the Variance Requests were denied, the size of the homes would have to be reduced. Chairman Beatty reiterated that the Board of Adjustment only makes recommendations to the City Commission, not a final decision. A. Lot 01, 1401 Prairie Lake Blvd. Ray Wood of 1504 Ison Ln. and head of the Homeowners Association stated that he oposes this Variance Request. He stated that he felt the lot was too small and that it was an entrance way lot where a traffic problem could result. Building Official Hurst stated that the lot was only 14' from A.D. Mims Rd. and that if the road were ever four (4) laned 1 BD OF ADJUSTMENT 4/28/86 PAGE 2 `err there would be a big problem. Chairman Beatty asked Building Official Hurst what he would recommend. Building Official Hurst answered that he would not recommend the Variance Request. Mr. Burns commented that Prairie Lake Blvd. would be the exit street for this home, not A.D. Mims and that the lot was buildable. Vice Chairman Colburn moved to recommend to the City Commission to deny the Variance Request as: 1) the request for Variance is not peculiar to the land; 2) the circumstances result from action of the applicant and 3) granting the Variance would confer special privileges to the petitioner. Motion seconded by Mr. Rhodes and approved unanimously. B. Lot 20, 1511 Prairie Lake Blvd. Mr. Wood stated that he opposed this Variance Request also since the side yard would be too close to the street. Mr. Burns stated that the Variance Request is from the street, not between neighboring homes and that the side yard setbacks are fine (7 1/2' per home for a total of 15' minimum between homes). Mrs. Ellen Murray of 1513 Prairie Lake Blvd. stated that she owns Lot 21 and that she wants to know what size home is proposed on Lot 20. Mr. Burns answered 54' in width. Mrs. Murray then asked what plans they had if the Variance was granted. Mr. Burns stated that in that case, the smallest of the models would be used. He further stated that if the Variance was denied, an even smaller home would be used with a one (1) car garage or a two (2) story home. Mrs. Murray asked which street the driveway would exit. Mr. Burns answered Prairie Lake Blvd. Mr. Rhodes asked Mrs. Murray if her home was Catalina and Mra. Murray answered yes. Chairman Beatty asked Mra. Murray her recommendation of this Variance Request. Mrs. Murray answered that she would like to see a two (2) story home with a garage on the lot. Mr. Boggs asked if there were any two (2) story homes in the subdivision now. Mr. Burns answered yes, Mason Homes. Mr. Boggs then asked why all of the corner lots were too small. Mr. Burns stated that several years ago when the lots were purchased from Amick Construction (Wayne Rich) , the setbacks were mistakenly assumed to be 15' on one (1) side and 25' in the front. Chairman Beatty asked Building Official Hurst if there have been any changes in the setback requirements since the purchase of these lots. Building Official Hurst answered that they were exactly the same now as they were then. Mr. Rhodes moved to recommend to the City Commission to deny the Variance Request as: 1) the request for Variance is not peculiar to the land; 2) the circumstances result from action of the applicant and 3) granting the Variance would confer special privileges to the petitioner. Motion seconded by Mr. Boggs and approved unanimously. 2 BD OF ADJUSTMENT 4/28/87 PAGE 3 irsaw C. Lot 22, 1515 Prairie Lake Blvd. There was no discussion on this Variance Request. Vice Chairman Colburn moved to recommend to the City Commission to deny the Variance Request as: 1) the request for Variance is not peculiar to the land; 2) the circumstances result from action of the applicant and 3) granting the Variance would confer special privileges to the petitioner. Motion seconded by Mr. Rhodes and approved unanimously. D. Lot 33, 1811 Prairie Lake Blvd. Douglas Rush of 1613 Prairie Lake Blvd. and a member of the Forest Oaks Homeowners Association stated that he had dust polled the Association members present and that they had no serious objections to this Variance Request. Chairman Beatty asked Building Official Hurst's opinion. Building Official Hurst stated that he would like to remain neutral and that his comments were included in the DRC report to the Board of Adjustment. Vice Chairman Colburn moved to recommend to the City Commission to deny the Variance Request as: 1) the request for Variance is not peculiar to the land; 2) the circumstances result from action of the applicant and 3) granting the Variance would confer special privileges to the petitioner. Motion seconded by Mr. Boggs and approved unanimously. E. Lot 72, 638 Sherwood Oaks Circle There were no comments on this Variance Request. Mr. Rhodes moved to recommend to the City Commission to deny the Variance Request as: 1) the request for Variance is not peculiar to the land; 2) the circumstances result from action of the aplicant and 3) granting the Variance would confer special privileges to the petitioner. Motion seconded by Mrs. Foster and approved unanimously. F. Lot 42, 1523 Prairie Lake Blvd. There were no comments on this Variance Request. Mr. Boggs moved to recommend to the City Commission to deny the Variance Request as: 1) the request for Variance is not peculiar to the land; 2) the circumstances result from action of the applicant and 3) granting the Variance would confer special privileges to the petitioner. Motion seconded by Mr. Rhodes and approved unanimously. �rr 3 BD OF ADJUSTMENT 4/28/86 PAGE 4 G. Lot 45, 500 Withers Ct. There were no comments on this Variance Request. Vice Chairman Colburn moved to recommend to the City Commission to deny the Variance Request as: 1) the request for Variance is not peculiar to the land; 2) the circumstances result from action of the applicant and 3) granting the Variance would confer special privileges to the petitioner. Motion seconded by Mr. Rhodes and approved unanimously. H. Lot 62, 610 Rich Dr. Susan Poppi of 611 Rich Dr. stated that she had a previous contract on this lot but that her home was too big so she had to change to another lot. Mrs. Foster moved to recommend to the City Commission to deny the Variance Request as: 1) the request for Variance is not peculiar to the land; 2) the circumstances result from action of the applicant and 3) granting the Variance would confer special privileges to the petitioner. Motion seconded by Mr. Boggs and approved unanimously. I. Lot 01, 501 Hager Dr. There was no discussion on this Variance Request. Mr. Boggs moved to recommend to the City Commission to deny the Variance Request as: 1) the request for Variance is not peculiar to the land; 2) the circumstances result from action of the applicant and 3) granting the Variance would confer special privileges to the petitioner. Motion seconded by Vice Chairman Colburn and approved unanimously. J. Lot 17, 701 Rich Dr. There were no comments on this Variance Request. Vice Chairman Colburn moved to recommend to the City Commission to deny the Variance Request as: 1) the request for Variance is not peculiar to the land; 2) the circumstances result from action of the applicant and 3) granting the Variance would confer special privileges to the petitioner. Motion seconded by Mr. Rhodes and approved unanimously. K. Lot 24, 715 Rich Dr. Mr. Wood stated that he opposed this Variance Request as the lot fronts Hackney- Prairie Rd. and the proposed home would be in the way of future road expansions. Mr. Rhodes moved to recommend to the City Commission to deny the Variance Request as: 1) the request for Variance is not peculiar to the land, 2) the circumstances result from action of the applicant and 4 BD OF ADJUSTMENT 4/28/87 PAGE 5 fir. 3) granting the Variance would confer special privileges to the petitioner. Motion seconded by Mr. Boggs and approved unanimously. L. Lot 25, 710 Rich Dr. Mr. Wood stated that he had the same objections to this Variance Request on this lot as on lot 24 (715 Rich Dr.). Mrs. Foster moved to recommend to the City Commission to deny the Variance Request as: 1) The request for Variance is not peculiar to the land; 2) the circumstances result from action of the applicant and 3) granting the Variance would confer special privileges to the petitioner. Motion seconded by Mr. Rhodes and approved unanimously. M. Lot 30, 700 Rich Dr./1805 Prairie Lake Blvd. Mel Seymour of Catalina Homes submitted a drawing to the Board and stated that they were asking for a 2' rear yard setback Variance. Building Official Hurst stated that he recommended approval of this Variance Request as there is a 56' setback on one (1) street side and 57' setback on the lot line. Mr. Woods stated that the Forest Oaks Homeowners Assn. t also supports this Variance Request. Chairman Beatty asked if the property owners of the lot in the rear of this lot were present. Mr. Burns stated that he was the owner and that obviously he had no objection. The potential property owner, Mr and Mrs. Kevin Carpenter were present. Mr. Carpenter stated that he was anxious to have the Variance Request approved as he and his wife have invested a substantial sum of money into the property. Chairman Beatty moved to recommend to the City Commission to approve this Variance Request for a 2' rear yard setback. Motion seconded by Vice Chairman Colburn and approved unanimously. N. Lot 33, 1011 Prairie Lake Blvd. Lee Ann Bates of 1603 Prairie Lake Blvd. (Lot 34) stated that she would like to see the home on this lot facing Tranquill Oaks because of the steep upgrade on Prairie Lake Blvd. She further stated that she would like to work together with Catalina Homes on these corner lots to solve the problems. Ms. Bates asked if Catalina Homes has considered offering these lots to the adjacent property owners without homes being built on them. Mr. Burns stated that they had not considered this, but certainly would. Charles Moiseaux of 420 Shingle Oaks stated that he opposed this Variance Request. Mr. Boggs moved to recommend to the City Commission to deny the Variance Request as: 1) the request for Variance is not peculiar to the land; 2) the circumstances result from 5 BD OF ADJUSTMENT 4/28/87 PAGE 6 action of the applicant and 3) granting the Variance would confer special privileges to the petitioner. Motion seconded by Mrs. Foster and approved unanimously. OTHER BUSINESS A. Election of a Chairman and Vice - Chairman Mr. Rhodes moved to have Mr. Beatty remain as Chairman and Mr. Colburn remain as Vice - Chairman. Motion seconded by Mr. Boggs and approved unanimously. Chairman Beatty asked that the City Clerk be notifed of the results of the Elections. He further stated that his term expired on May 01, 1987 and that Mr. Colburn'a term expires June, 1987. He asked that the City Commissioners be notified that they would like to continue to serve on the Board. Chairman Beatty asked that the Deputy Clerk contact Vern Combs and ask if he wanted to continue to serve after June 05, 1987 (his term expiration). COMMENTS Mr. Rhodes moved to adjourn, seconded by Mr. Boggs and approved unanimously. Meeting adjourned at 9:03 p.m. Chairman Beatty ATTEST: Deputy Clerk Amesbury 6