Zoning Board of Adjustments Minutes - 02/18/2009MINUTES
SIT CLERK'S OFFICE
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ZONING BOARD OF ADJUSTMENT
February 18, 2009
PRESENT:
Dustin Nimz, Acting Chairman 0 Altemate #1
Elvin Dudley 0 Altemate #2
Jose Garcia 0
Chad Hughes 0 Aitemate #s
Jim Ginnings, Council Liaison 0
Kinley Hegglund, Senior Assistant City Attorney 0 Legal Dept.
Marty Odom, Planner II 0 city staff
Diane Parker 0
ABSENT:
Les Seipel, Chairman 0 Members
Michael Latham, Vice Chairman 0
Dave Lilley 0
Steve Wood 0
I. CALL TO ORDER
Acting Chairman Nimz called the meeting to order at 1:50 p.m.
II. MINUTES
Mr. Dudley made a motion to approve the minutes of the January 21, 2009 Zoning
Board of Adjustment meeting. Mr. Garcia seconded. The minutes were approved with
a unanimous vote in favor.
III. REGULAR AGENDA
1. . Case V 09 -01
Qualifying Criteria:
This was previously approved in the January 21, 2009 Zoning Board of Adjustment
meeting.
Evaluation Criteria:
Mr. Dudley made a motion to approve the Evaluation Criteria; Acting Chairman Nimz
seconded.
Mr. Mike Shallenberger, the applicant, stated he plans to build an office building at this
location with a reduction in the setback and the fence to be constructed on the north
side of the alley instead of the south. He explained that this would permit better usage
of the rear of the building.
Mr. Odom explained that a fence is required between Single Family zoning and
commercial zones. A 30 -foot buffer is also required; Mr. Shallenberger is asking for a
reduction to 25 feet.
Mr. Shallenberger responded to questioning that he would be using the storage area for
tools, large equipment, and ladders that would be accessed three or four times weekly.
He further stated he would provide standard fencing but not the concrete runner. He
stated that when Kell Freeway was constructed it left irregular shaped lots. He is trying
to make something good out of this situation.
Mr. Patrick Claiborne, 2001 Keller, stated that he is again requesting the concrete curb
[under the fence]. He further commented that it is a neighborly act to allow Mr.
Shallenberger to place the fence on his property for access to the rear of his property
and it should be built to his [Mr. Claiborne's] satisfaction.
Acting Chairman Nimz stated he was inclined to approve both issues. He did not feel
the setback issue would affect the use or the neighborhood. Mr. Hegglund stated that
legally the Board did not have the authority to require concrete curbing.
Mr. Hughes made the motion to accept the evaluation criteria and recommend approval
of the reduced setback and the placement of the privacy fence of the north side of the
alley. Mr. Garcia seconded. The motion failed with a vote of three (3: Hughes, Dudley,
Nimz ) in favor and one (1: Garcia) opposed.
IV. Adjourn
The meeting adjourned at 2:10 p.m.
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Dustin Nimz, Acting Chairman Date