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MINUTES
BOARD OF ADJUSTMENT MEETING
February 16, 1999, 7:00 P.M.
Patrick Walsh, Vice-Chair, called the February 16, 1999, Board of Adjustment meeting to order at 7:00 p.m.
Other Board Members present were Gerald Carson, Rhonda Faught, Patti Hershey and Charles Parker. Sheila
Johnson was absent. Staff members present were Hildy Kingma, Chief Development Planner, Art Rodriguez,
Assistant City Attorney, Kim Mettenbrink, Development Planner, Tom Bolt, Building Plan Reviewer and Janis
Russell, Recording Secretary.
Agenda:
1. Consideration of and possible action on the minutes of the November 17, 1998, Board of Adjustment
meeting. Gerald Carson made a motion to approve the minutes as written. Patti Hershey seconded the
motion which passed by a vote of 5-0.
2. Consideration of and possible action on a request for a Variance to the Zoning Ordinance for Cody’s
Addition, Block I, Lot 15, a Resubdivision of Hughes Second Addition, located at 1225 Church Street.
Tom Bolt gave the staff report and responded to questions from the Board. The applicant, James Knight,
was present and addressed the Board regarding his variance request. After the discussion, Gerald
Carson made a motion to authorize a variance to Section 2.0203 of the Zoning Ordinance to allow a 10
foot by 15 foot carport to be constructed within the seven foot north side setback, for Cody Addition,
Lot 15, a Resubdivision of Hughes Second Addition, Block I, located at 1225 Church Street as it will
not be contrary to the public interest because it does not physically or aesthetically impinge on adjacent
properties; and because a strict enforcement of the provisions of the ordinance would result in
unnecessary hardship to this applicant being enabling better use of his property; and such that the spirit
of this ordinance shall be observed and substantial justice done provided the carport shall be at least 4
feet inside the property line and the structure shall be a carport with no more than one wall. The
applicant, Mr. Knight, pointed out that he did not provide the dimensions of the carport in his
application and that 10 feet by 15 feet was not large enough. Gerald Carson amended his motion to
leave out the dimensions of the carport. Charles Parker seconded the motion which passed by a vote of
5-0.
3. Consideration of and possible action on a request for a Variance to the Zoning Ordinance for Glasscock
Addition, Block 11, Lots 5 and 6, located at 611 Church Street. Kim Mettenbrink gave the staff report
and responded to the Board’s questions. The applicant, Jo Ella Broussard was present and answered
questions from the Board. After the discussion, Gerald Carson made a motion to authorize a variance
to Section 8.303 of the Zoning Ordinance to allow a 4 foot wrought iron fence with 5 foot corner posts
to be constructed in the front yard along Church Street on property located at 611 Church Street as it
will not be contrary to the public interest because the transitional aspect of the property location requires
such special conditions; and because a strict enforcement of the provisions of the ordinance would result
BOA Meeting
February 16, 1999
Page 2
in unnecessary hardship to this applicant being the loss of the safety aspect from motorists and those
people passing by; and such that the spirit of this ordinance shall be observed and substantial justice
done provided the corner posts do not exceed the stated 5 feet and the line fence is not to exceed 4 feet
at its highest point. Rhonda Faught seconded the motion which passed by a vote of 5-0.
4. Consideration of and possible action on a request for a Variance to the Zoning Ordinance for Williams Addition,
Unit 4, Block 10, Lot 23, located at 307 Thornton Cove. Tom Bolt gave the staff report. Marie Kelly,
agent for the applicant was present to respond to the Board’s questions. After a brief discussion, Gerald
Carson made a motion to authorize a variance to allow the existing structure to remain within the platted
side setback for Williams Addition Unit 4, Block 10, Lot 23, known as 307 Thornton Cove as it will not
be contrary to the public interest because there is no effort by the owner to circumvent any code; and
because a strict enforcement of the provisions of the ordinance would result in unnecessary hardship to
this applicant being the reconstruction of the residence; and such that the spirit of this ordinance shall be
observed and substantial justice done provided no further violation of the codes are implied by the
variance granted. Charles Parker seconded the motion which passed by a vote of 5-0.
5. Members’ comments and reports. Each member of the Board introduced themselves.
6. Staff comments and reports. Hildy Kingma informed the Board members that they would elect a Chair
and Vice-Chair at the next meeting. Art Rodriguez stressed the importance of the use of microphones
by all speakers at Board meetings and at the request of Patrick Walsh, gave a brief overview of The
Open Meetings Act as applied to the City’s boards and commissions.
With no further business, the meeting was adjourned at 8:08 p.m.
/jmr