HomeMy WebLinkAboutMinutes_ZBA_06.16.1998 Draft
MINUTES
BOARD OF ADJUSTMENT MEETING
June 16, 1998, 7:00 P.M.
Rex Peebles, Chair, called the June 16, 1998, Board of Adjustment meeting to order at 7:05 p.m. Other Board
Members present were Gerald Carson, Joe Ogden and Patrick Walsh. Charles Parker was absent. Staff members
present were Kim Shaw, Development Planner, Wendy Walsh, Development Planner, Jim Babcock,
Development Technician and Janis Russell, Recording Secretary.
Agenda:
1. Consideration of and possible action on the minutes of the May 19, 1998, Board of Adjustment meeting.
Gerald Carson made a motion to approve the minutes as written. Patrick Walsh seconded the motion
which passed by a vote of 4-0.
2. Consideration of and possible action on a request for a Variance to lot coverage requirements of the
Zoning Ordinance for Berry Creek, Section Two, Block D, Lot 17, located at 30204 Oak Tree Drive.
Kim Shaw handed out a letter to the Board Members as an update to the staff report from the May, 1998
meeting. The letter stated that some lots in Berry Creek are allowed 59% impervious coverage by using
the golf course in the calculation. To date, approximately 35% of the golf course has been used in
calculating impervious coverage for area lots. The applicant is in the process of negotiating with the
American Golf Company to calculate coverage for the subject lot. Kim Shaw outlined 3 options for the
Board to consider: 1) Approval or denial of this item contingent upon a letter of impervious cover
trade-off with the golf course owners and a letter from the applicant’s physician. 2) Approval or Denial
of up to 59% impervious coverage contingent on a letter from the golf course owners. 3) Table this
item until further documentation from the golf course is acquired. Kenneth Loudermilk, the applicant,
addressed the Board. He informed the Board of back problems and the need for low impact exercise,
such as swimming. He stated that he is willing to settle for the 59%, but would like the Board to
consider allowing the requested 62% so that a drainage problem could be alleviated. After the
discussion, Gerald Carson made a motion to authorize the variance to Section 2.0203 C. of the Zoning
Ordinance to allow 62 percent lot coverage for Berry Creek, Section Two, Block D, Lot 17, located at
30204 Oak Tree Drive as it will not be contrary to the public interest, because there is no encroachment
into or upon neighboring property; and because a strict enforcement of the provisions of the ordinance
would result in unnecessary hardship to this applicant being the difficulty of relieving the applicant’s
physical condition; and such that the spirit of this ordinance shall be observed and substantial justice
done contingent upon receipt of the promised letter from the golf course permitting the “trade off” of
impervious coverage. Gerald Carson amended his motion to allow 59 percent lot coverage, instead of
62 percent. Joe Ogden seconded the amended motion which passed by a vote of 4-0.
3. Consideration of and possible action on a request for a Variance to fence height requirements of the
Zoning Ordinance for Glasscock Addition, Block 10, Lots 5 and 6, known as First Presbyterian Church,
BOA Meeting
June 16, 1998
Page 2
located at 703 Church Street. Because of the lack of a conflict of interest, Joe Ogden had to abstain from
voting on this agenda item. Therefore, a quorum was not present at this meeting. Patrick Walsh made
a motion to table this agenda item until the July 21, 1998, meeting. Gerald Carson seconded the motion
which passed by a vote of 4-0. The Board decided to discuss the issues of this request and vote at the
July meeting. Kim Shaw gave the staff report and responded to the Board’s questions. Ray Rayburn,
church representative, addressed the Board and gave the following reasons for asking for the fence
height variance: Keep children in, keep other people out, keep playground toys and equipment inside
fence. The reason for the chain link fence, as opposed to some other material, is cost and the ability to
see through the fence. Gerald Carson asked how or if the fence attached to the church. Mr. Rayburn
responded that at this time, the fence will not attach, but he thought that there might be plans for that in
the future. Bill Stump, Sr., a church member, spoke in support of Variance and the need of a playground
for the children of the church. Bill Stump, Jr., a church member and playground committee member,
addressed the Board also. He stated that a higher fence is needed primarily for safety reasons and the
construction of a fence will keep people from parking on the Church’s property as they do now.
4. Members’ comments and reports. Gerald Carson commented on the memo received by the Board
members from Marianne Banks, the City Attorney. Mr. Carson made a motion to request a workshop
with the City’s Legal Department staff. Patrick Walsh seconded the motion which passed by a vote of
4-0. Kim Shaw stated that staff would attempt to schedule a workshop preceding a regular BOA
meeting.
With no further business, the meeting was adjourned at 8:17 p.m.
/jmr