Board of Adjustment

BOARD OF ADJUSTMENT MINUTES December 23, 2019 The Board of Adjustment held its regular monthly meeting on Monday, December 23, 2019 at 5:00 p.m., in the Council Chambers at City Hall. Members Present Chairman Wendell Miller Vice Chairman Scott Sanders Secretary Justin Cothren Don Jacimore John Choate Members Absent None Visitors Present: Mayor Richard Harris, City Attorney Trey Smith, City Planner Sara Jondahl, City Planning Assistant Lequitta Jones, B/O Brian Holstein, City Engineer Glenn Newman, Jim Lynch/City Corp, Richard Setian, Dave Garza of Barrett & Associates, Marilyn Beth Wesley, Charley Wesley, Sue Parkes, Robert Parkes, David Osburn, Shirley Provencher, George Provencher, Patricia Buford, Al Buford, Richard & Charice Grace, Rusty Blaty, Rev. Ernest Hardesty, Tammy Deuerling, James Deuerling, Marie Needham, Tom Cooh, Randy Pitts, Elizabeth Pitts, Linda Hall, Mike Hall, Santa Rogue, Sharon France, Nancy Warren, and Marle Sert. Welcome Visitors The First Order of Business is a request to review and approve the minutes of the November 25, 2019 meeting. Member Jacimore made the motion to approve the minutes as written. The motion was seconded by Member Sanders and passed unanimously. The First Order of Business is a public hearing requesting a variance of two feet allowing an 18-foot front yard setback from the 20-foot front yard setback requirement, located at 1302 North Cleveland. Submitted by Erika Martin on behalf of Santa Rogue. (BOA.19.12.3655) Planner Jondahl said the request is for a two-foot variance allowing the front columns for the front porch to be two feet closer to the public right-of-way making the distance from the front property line 18 feet instead of the required 20 feet. It is my recommendation that the variance be granted and allow the applicant to move forward with their application to finish building their front porch. Member Jacimore made the motion to approve the request as submitted. The motion was seconded by Member Sanders and passed unanimously. The Third Order of Business is a public hearing requesting variances from the Zoning Code in regard to the College Hill Zone; 1) from the 12-foot Ceiling Height requirement, 2) maintain the integrity of the Stain Glass, 3) building width must be divisible by 25’or 35’, 4) the front building entrances must be articulated with architectural elements, and 5) 50% of the front façade must be windows, for property located 509 West “L” Street. Submitted by Dave Garza of Barrett & Associates on behalf of St. Leo the Great Catholic University Student Center. (BOA.19.12.3656) City Planner Jondahl said in the College Hill Zone the first floor height is required to be 12 feet for all uses. I understand the argument; you do not see this height requirement for residential and/or non-retail use types, however, even the Prairie Creek Zone the residential height is reduced only to a minimum of 9 feet in height. The code requires 12 feet. The Building Entrance should be within the Build-to-Zone with this district. They are proposing to have it further back, located more off the alley even though facing the front primary street. It is a side entrance. The intent of this district is to encourage pedestrian use of the district and provide easy access to uses within the district. My recommendation to require the front entrance to be closer to the main primary street. The Building Width, I understand that in the El Paso District we do want to encourage some kind of uniformity of buildings, however, I don’t believe the need to dictate what the width of the structures are within this district. The Front Building Entrance articulated with architectural elements, I believe that the requirement for the articulated entrances is to create character within the district, not to entice citizens into ones retail establishment. The goals of the district is to encourage walkability, to create community, and the architectural entrance creates a visually appealing area that help to reiterate the district goals. The Front Faced Window requirement is for all new non-residential and/or mixed use developments to provide a minimum of 50% of window coverings and that the verbiage does say storefront, however, I do not agree that the windows were only if you constructed a retail business. There is a section in the El Paso District regarding specifics about storefronts. I understand the desire to not provide so much window coverage as it could be distracting during service and believe that there is a way to concede a reduction to this requirement similar to allow area requirement reductions, allowing a reduction on this requirement. It is my recommendation that the BOA grant a variance to the following items: 1. Reduction to the First Floor building height in office and hallway locations only to permit a 9-foot ceiling minimum.  2. Grant the building width variance request and allow the width of the structure as proposed. 3. Grant a reduction to the front façade window requirement from 50% to 30%, which I believe will help to establish the primary facing portion of the building as the front. Dave Garza on behalf of St. Leo’s Church said it appears to me the intent of this new zone was to look like Hendrix Village in Conway, which is beautiful. But the different in Hendrix College and this area Hendrix was pure virgin land. This is already built out and if anything goes in there now it is going to be a remodel and all remodels now are going to have to adhere to this zone. The church is requesting approval on the initial submittal. Member Sanders made the motion to approve the request as submitted by the applicant. The motion was seconded by Member Jacimore and passed unanimously. Mrs. Wesley said she was opposed to the parking and parking in the alleyway. The church said they had a parking agreement with ATU. Meeting Adjourned _________________________ Chairman Wendell Miller