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HomeMy WebLinkAbout11-2-17 BA Minutes * M I N U T E S * BOARD OF ADJUSTMENT November 2, 2017 City Hall, 801 Main Street A Meeting of the Board of Adjustment was held on November 2, 2017 and called to order at 3:01 p.m. with the following members present: Board Member Jeff Beaver Board Member Joey Hilliard Alternate Board Member Tom Rowe Alternate Board Member Christy Amuny Board Members absent: Chairman Dana Timaeus Alternate Board Member Lee Smith Also present: Adina Josey, Senior Planner; Fran Malvo, Recording Secretary, Tyrone Cooper, City Attorney APPROVAL OF MINUTES Alternate Board Member Amuny made a motion to approve the minutes from the August 3, 2017 Regular Meeting. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. SWEARING IN OF WITNESSES PUBLIC HEARING The applicants were informed that four favorable votes are needed in order to pass an item. They were given the opportunity to present or defer their cases based on the amount of board members present. 1) File 723-BA: Consider a request for a Variance to the minimum required rear yard setbacks, from 25 feet to 9.33 feet and 15.66 feet. Applicant: Scott Browne Location: 11 and 12 Stone Brook Court Mrs. Josey presented the staff report. Scott Browne would like to construct his house at 11 & 12 Stonebrook Court and is requesting a variance for the rear setbacks of the two lots. This property is zoned RM-H (Residential Multiple Family Dwelling-Highest Density), and therefore has a rear setback of 25 feet for each lot. The two lots are located on a cul-de-sac. The house will be set at an angle to take the best advantage of the lot orientation. Both rear corners of the structure will encroach into the rear setbacks. The north corner will sit 9.33 feet from the north property line and the east corner will sit 15.66 feet from the east property line. BOARD OF ADJUSTMENT November 2, 2017 The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Slides of the subject property were shown. Seventeen (17) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and none were received in opposition. A brief discussion followed. The applicant, Scott Browne, 21 Stonebrooke Court addressed the Board. Mr. Browne expressed that he has a personal interest in the neighborhood and he intends to reside there. He stated that the homeowner’s association gave him the funding to construct a 13 foot fence to enclose the neighborhood. Discussion followed. Alternate Board Member Amuny made a motion to approve a request for a Variance to the minimum required rear yard setbacks, from 25 feet to 9.33 feet and 15.66 feet as requested for File 723-BA. Board Member Hilliard seconded the motion. Motion to approve carried 4:0. Di 2) File 724-BA: Consider a request for a Variance to the required front yard setback, from 25 feet to 8.3 feet and to the platted side setback from 25 feet to 15.64 feet. Applicant: Mark Maher, Jr. for International Union of Operating Engineers, Local 450 Location: Between 5925 and 5955 Caswell Road *This case was not heard due to Alternate Board Member Rowe’s conflict of interest.* The International Union of Operating Engineers, Local 450, plans to construct a new lodge between 5925 and 5955 Caswell Road. The property backs up to a residential district and is therefore required by ordinance to maintain a 10 foot wide landscaped buffer along the rear property line. On behalf of Local 450, Mark Maher, Jr., is requesting a variance to this 10 foot wide landscaped buffer. The applicant intends to use the space for additional parking and rear access to the structure. Per the zoning of the property and size of the proposed structure, regulations require 12 off street parking spaces. The proposed site plan includes 27 parking spaces, 3 being parallel parking spaces across the front of the property. The 3 parallel parking spaces, 9 feet wide, could be removed. In addition, per ordinance, half of the 6 foot wide landscaped buffer at the front property line can be on the city right-of-way. The entire site plan could be moved forward 12 feet on the lot, leaving more than sufficient room for the required 10 foot landscaped buffer at the rear of the property. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. 3) File 726-BA: Consider a request for a Variance to the required 10 foot wide landscaped buffer at the rear of the property. Applicant: Faust Engineering and Surveying, Inc. Location: 5910 Muela Creek Drive Mrs. Josey presented the staff report. 2 BOARD OF ADJUSTMENT November 2, 2017 Faust Engineering and Surveying, Inc. is requesting a Variance to the required 10 foot wide landscaped buffer to the rear of the property at 5910 Muela Creek Drive. The property backs up to a residential district and is therefore required by ordinance to maintain a 10 foot wide landscaped buffer along the rear property line. The request states that there are overhead power lines along this property line and that the area is overgrown, adding that it is their intent to construct the required opaque fence along the property line. The applicant shall have the burden of proof to demonstrate that all three conditions necessary for a variance have been met. Slides were shown of the subject property. Nine (9) notices were mailed to property owners within 200 feet of the subject property. No responses were received in favor and no responses were received in opposition. A brief discussion followed between Adina and the board members. The applicant, Richard Faust, 2525 Calder addressed the Board. Mr. Faust stated that there is a 25 foot setback line. He also stated that the 10 foot buffer is going to be an issue. Discussion followed. Jimmy Ripeon, representing Classic Construction addressed the Board. Mr. Ripeon stated that there was a modification to the plans that were previously submitted and that he is the owner and the developer of the 26 acre tract. He also stated that he would like to keep Kohl’s visible. Discussion followed amongst the board members. Alternate Board member Amuny made a motion to approve a request for a Variance to the required 10 foot wide landscaped buffer at the rear of the property as requested for File 726-BA. Board member Hilliard seconded the motion. Motion to approve carried 4:0. S OTHER BUSINESS None. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 3:38 p.m. 3