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HomeMy WebLinkAbout1996 03 21 Board of Adjustment Regular Minutes .~ BOARD OF ADJUSTMENT MEETING MINUTES MARCH 21, 1996 The Board of Adjustment Meeting of March 21, 1996, was called to order by Chairman Green at 7:00 p.m. (This meeting rescheduled from March 7, 1996 meeting due to lack ofa quorum) ROLL CALL: Elizabeth Harrow, absent James Greene, Chairman, present AI Becker, Vice-Chairman, present Frank Adams, absent Greg Smith, present Approval of Minutes of the September 7. 1995 and October 5. 1995 Meetings: Chairman Greene asked if there were any comments or corrections to the minutes of September 7, 1995 minutes. There were no comments or corrections to the minutes of September 7, 1995 minutes. Smith moved to approve the minutes of September 7, 1995. Seconded by Becker. Vote: Ail aye. Minutes stand approved as presented. Chairman Greene asked if there were any comments or corrections to the minutes of October 5, 1995 I""'" minutes. There were no comments or corrections to the minutes of October 5, 1995 minutes. Smith moved to approve the minutes of October 5,1996. Seconded by Becker. Vote: Ail aye. Minutes stand approved as presented. Request of Mr. John A. Baldwin for Special Exception in accordance with Section 20-232(81) of the Code of Ordinances to allow a mini-mart (small convenience store, snack shop and self-service gasoline sales) within Neighborhood Commercial District, C-l Zoning category. Property is located north of State Road 434. between Devon Avenue and Fairfax Avenue: Donald LeBlanc, Land Management Specialist, gave his presentation. LeBlanc stated that this use was granted in 1989. This request is basically three different items in the C-l uses. LeBlanc mentioned that at the regular scheduled meeting of March 7, 1996, which was canceled due to lack of a quorum, certified letters were sent, and residents were present. The residents present were: Jim and Annette Wade, 11 N. Devon, they were in favor of the request providing for landscaping, a wall and trees, Mr. Baldwin and his agent agreed to that. Mr. Nick Lewis, 21 N. Devon, also was in favor of the request providing the landscaping and wall. Ms. Cindy Kaehler, N. Edgemon, called and stated she was in favor of the request providing for landscaping. LeBlanc also stated that the certified letters were also sent for this rescheduled meeting and said he has not received any calls. r'" Chairman Green asked what is the fencing and landscaping requirements. LeBlanc stated the ;: J r-- Minutes Board of Adjustment March 21, 1996 Page 2 landscaping will have to ensure that when the plans come in there is sufficient landscaping, the wall will be a masonry wall behind the property at 6' high. When the Site Plan comes in, we will ensure that there is sufficient landscaping. LeBlanc stated that Mr. Baldwin and his agent talked to the property owners who were present at the March 7, 1996 meeting and Mr. Baldwin and his agent agreed that there would be sufficient landscaping trees. Mr. Baldwin stated (on numerous occasions) that he subscribes to good landscaping. Greene stated that each of the individual uses are allowed under this present zoning but a combined usage is not listed as an acceptable use, is that correct? LeBlanc stated that the only difference is the gas station usage in the Code states a full mechanic, but the Mobil Station that was approved in 1989 is not full service and does not have a mechanic. LeBlanc stated that Mr. Baldwin and his agent are present for any questions. /"""'" Smith asked about driveway cuts on S.R. 434. LeBlanc stated that S.R. 434 is permitted by D.O.T., the City does not have control of S.R. 434. Becker asked what is the difference between this place and the place right next door. Greene stated that there basically isn't any difference but the Code doesn't specifically allow it so it has to come before the Board of Adjustment. Mr. Baldwin, applicant, gave the clerk photos showing other area mini-marts/gasoline stations to make part of the record. Mr. Baldwin stated that he feels this is a permitted use and stated that Mr. LeBlanc feels this needs a Special Exception. Mr. Baldwin read from the Code, permitted use: any other retail store or business enterprise not listed under any other zoning classifications (this composite of uses is not listed that way) that in the judgement of the Board of Adjustment is consistent with those included above and that is in further harmony with the spirit of this Chapter. Mr. Baldwin stated that he feels he is a permitted use on this property and if the Board finds he is, he doesn't think he falls into the special exception category. Mr. LeBlanc stated that he feels this needs to go before the Commission as Chapter 20 states, the Board of Adjustment is a recommending body. ,"-'" Smith asked what the square footage of the building would be. Mr. Baldwin stated that it would be ,..-.. Minutes Board of Adjustment March 21, 1996 Page 3 governed by Code. Greene stated he is in agreement with Mr. Baldwin in reading under subparagraph 81, you are a permitted use if the Board says you are a permitted use, but you become a permitted use which still has to be approved by the City Commission because this Board no longer has the power to say that. Motion was made by Smith that this request is a permitted use under subparagraph 81. Seconded by Becker. Vote: Becker: aye; Greene: aye; Smith: aye. Motion passes. Mr. LeBlanc asked if he present this item to the Commission prior to the minutes being approved. Greene stated yes. Motion was made by Becker to adjourn. Seconded by Smith. Vote: all aye. The meeting adjourned at 7:14 p.m. ",-.... Respectfully Submitted, Margo M. Hopkins, City Clerk .",......