Zoning Board of Adjustments Minutes - 06/17/2009V
MINUTES
BOARD OF ADJUSTMENT
June 17, 2009
PRESENT:
Les Seipel, Chairman
0 Members
Michael Latham
0
Jose Garcia
0
Dave Lilley
0
Steve Wood
0
Chad Hughes
0 Alternate #3
David Lane
0 Alternate #4
Jim Ginnings, Council Liaison
0
Kinley Hegglund, Senior Assistant City Attorney
0 Legal Dept.
Marty Odom, Planner 11
0 City Staff
Diane Parker
0
ABSENT:
Elvin Dudley
0 Alternate #2
Dustin Nimz
0 Alternate #1
I. CALL TO ORDER
Chairman Seipel called the meeting to order at 1:30 p.m.
II. MINUTES
Mr. Wood made a motion to approve the minutes of the May 20, 2009 Board of
Adjustment meeting. Mr. Latham seconded. The minutes were approved with a
unanimous vote in favor.
III. REGULAR AGENDA
1. Case V 09 -05
Reduce the required setback for a new commercial building from 25' to
2.83' in a Light Industrial Zoning District
1600 Travis Street
BOARD OF ADJUSTMENT • PAGE 1
Mr. Jeff Browning plans to construct a 70'x 70' commercial building on a corner lot in a
Light Industrial zone. The proposed building will house his electrical contracting
business. He wishes to align the north side of the new building with the existing
building to the west. This building was built 2.83' from the right -of -way on 16th Street.
The current regulations require new structures to adhere to a 25' building limit line. The
applicant requested a variance to reduce the setback from 25' to 2.83'.
There is a provision in the Subdivision Ordinance that allows staff to allow a setback
based on the average of the existing structures' setbacks on the same side of the
street. The average of those structures was 12'. The applicant is seeking the same
setback as the building at 1005 16th Street, or 2.83'.
Qualifying Criteria:
a. The applicant's special circumstance of the neighboring brick building which sets
to the back of 1600 Travis at 1005 16th Street sets 2.83' from the property line.
They stated they would like to align the new building with the existing building.
By doing so, this would give them 17' on the south side where the house is.
The setbacks of the adjacent building and existing buildings on the other side of
16th Street may constitute a special circumstance since the 25' setback
requirement was not required when these properties were initially developed.
There is also a large section of land, approximately 19', between the right -of -way
and the curb. The overall right -of -way width of 16th Street is 80% this is 10' wider
than the desired width shown on the Thoroughfare Plan.
b. The building located at 1005 16th Street was constructed over 60 years ago.
C. The applicant believes that if they cannot construct their building 2.83' from the
property line, they would be deprived from using the property for its best use.
d. The applicant stated that he is not requesting anything that has not been
previously given.
Staff noted that other tracts have been developed with reduced setbacks from
what the current regulations require.
In response to questioning by the Board, Mr. Browning stated the distance to the house
next door would be 17 feet.
Mr. Latham made a motion to approve the Qualifying Criteria; Mr. Hughes seconded.
The motion carried unanimously.
Evaluation Criteria:
Mr. Odom reviewed the Evaluation Criteria with the Board.
BOARD OF ADJUSTMENT • PAGE 2
Chairman Seipel asked if Mr. John Pendley was in the audience in order to address the
comments from the neighborhood response he submitted. Mr. Pendley expressed
concerns regarding an easement. Mr. Odom assured him that the City was not
requesting an easement from him. Mr. Odom stated that the applicant would be
required to construct sidewalks on both streets.
Mr. Latham made a motion to approve the Evaluation Criteria; Mr. Hughes seconded.
The motion carried unanimously; the variance was approved.
IV. Adjourn
The meeting adjourned at 2:00 p.m.
A/I
Michael tham for Les Seipel, Chairman Date
CITY CLERK'S OFFICE
BOARD OF ADJUSTMENT • PAGE 3