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02/03/2000-BOA-Minutes-RegularMINUTES: BOARD OF ADJUSTMENT FEBRUARY 3, 2000 PRESENT: Ken Perry, Sherry Lewis, Bobby Frizzell, Russell Madden, Mike James, Rodney Dillon, Jimmy Evans OTHERS PRESENT: City Manager Jack Smith, City Secretary Rose Chavez, Woodrow Barton, Mr. & Mrs. William Morris Jr. 1. Chairperson Madden Called Meeting to Order. 2. Approve Minutes -December 16, 1999 Jimmy Evans moved to approve the minutes. Seconded by Rodney Dillon. Motion Carried unanimously. 3. Conduct Public Hearing on a Variance Request Concerning Parking Regulations and the Construction of a Carport on Property Legally Described as Block 5 (N.125' of Wl00'), in the Sullivan Addition. Property Located at 710 Elm Street. Public Hearing open. Woodrow Barton, 807 N. 8th St., spoke in opposition of the request. He indicated if the board allows construction up to the property line that there will be more and more requests. He indicated he has a carport that he wouldn't mind extending all the way to the street. He asked the board to consider the request carefully when making the decision. Sherry Lewis asked if all the property owners in the area were contacted. City Secretary indicated every one on the list had been contacted. Public Hearing closed. 4. Consider and Possible Action Regarding a Variance Request Concerning Parking Regulations and the Construction of a Carport on Property Legally Described as Block 5 (N.125' ofWl00'), in the Sullivan Addition. Property Located at 710 Elm Street. Discussion regarding if the carport was on private property or the City R.O.W. City Manager indicated it went right to the property line. Ken Perry asked Mr. Morris if he was not aware he needed a building permit and a variance in order to build a carport. Mr. Morris indicated he had assumed since others had done this in his neighborhood that it was okay. Mike James asked if the Ordinance required in setbacks regarding the overhang of structures. City manager indicated it was only for permanent structures. Discussion regarding building permits. Discussion regarding the side yard requirements. Mike James expressed concerning regarding the structure being built out to the street, and the problems encountered if the street is ever widened. Discussion regarding placement of carport. Motion made by Sherry Lewis to approve the request. Seconded by Rodney Dillon. Motion did not carry, two voted for and f"we voted against. Discussion regarding what would be acceptable. Motion was made by Sherry Lewis to approve the enclosed garage. Seconded by Rodney Dillon. Motion Carried unanimously. Discussion continued on the first issue of the carport. Sherry Lewis asked if the posts were cemented in. Mr. Morris indicated they were. Jimmy Evans suggested cutting off three feet from the carport. Discussion regarding the first motion. I Discussion regarding the length of the vehicle he would be parking under the carport. Discussion regarding other carports on 8th Street. Jimmy Evans moved to allow the carport if he moves it back three feet. Sherry Lewis asked why three feet. Jimmy Evans explained when he looked at i~ he thought it would be in more line with everything that is there. Motion died for lack of second. Lengthy Discussion regarding carport. Jimmy Evans moved to approve the carport if moved back two feet. Sherry Lewis seconded. Jimmy Evans, Sherry Lewis, Rodney Dillon and Ken Perry voted For. Mike James, Russell Madden and Bobby Frizzell voted Against. Motion Carried. Bobby Frizzell moved to rescind the f°IrSt motion. Sherry Lewis seconded. Motion Carried unanimously. 5. Any Other Such Matters. City Manager indicated the Home Rule Charter now requires six members for a quorum. 6. Meeting Adjourned. Approved