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HomeMy WebLinkAbout10-13-94 BA MinutesBOARD OF ADJUSTMENT October 13, 1994 City Council Chambers A meeting of the Board of Adjustment was held on October 13, 1994 with the following members present: Chairman Jayne Eisen Board Member Dohn LaBiche Board Member Bob Harris Board Member Elray Wilson Board Member Bruce Irvine Board Member William Lucas Board Member Kevin Fuller Board Member Chuck Mason Board Member Mary Jowers Also present: Stephen C. Richardson, Planning Director; Murray Duren, Sr. Planner; Bonnie Semien, Planning Technician; and Jill Cole, Recording Secretary. APPROVAL OF MINUTES Board Member Harris made a motion to approve the minutes of the September 1, 1994 Public Hearing. Motion was seconded by Board Member LaBiche. Motion carried 9:0. SWEARING IN OF WITNESSES PUBLIC HE�iRING 1) File #370-BA: Consider a request for a 2.6' variance to platted 10' side yard building setback. Lot 13, Winchester West Place Addition. Applicant: Wayne Peyton Mr. Richardson explained that the request was for a variance from the platted 10' side yard to 7.4'. The applicant wishes to build a one story home on Lot 13 of Winchester West Place Subdivision. The lots in the subdivision were platted as a zero lot line development. There is a 10' side yard on one side of the lot and a zero side yard on the other side. BOARD OF ADJUSTMENT October 13, 1994 Public Hearing Staff felt that the request meets the three conditions for approval of the variance and recommended approval. Eight notices were sent to property owners within 200 feet of the subject property. There were no responses returned in favor or in opposition. Board Member Harris asked what hardship would be placed on the applicant if the variance was not granted. Mr. Richardson said the applicant would have to redesign the house so it would be more narrow. Due to the odd shape of the lot, the setback which is 10' in the rear, begins to encroach into the part of the lot that could be developed. Board Member Harris asked if this was known at the time the house was designed. Mr. Richardson replied that the applicant knew the shape of the lot. Board Member Mason clarified the zero lot line setback, and the 10' average between the houses and then reducing it by a quarter. Mr. Richardson said that staff looked at it as a typical residential single family lot and it is required to have a 5' side yard. With a zero lot line development, it is required to have a maximum 3' roof overhang easement and a 5' building access easement so that you can go in on the other person's property and maintain that side of the building that is on the zero lot line. The 3' can fit within the 5'easement. Even with granting the 2.6' variance, they've still got more setback between the buildings than what is normally required by the zoning ordinance. You're required to have a minimum of 5' on both sides, but we're only looking at this one side yard. Discussion of zero lot lines and setbacks followed. Board Member Lucas asked a question regarding private roads. Chairman Eisen opened the public hearing and asked for the applicant's comments. Mr. Wayne Peyton, the applicant, addressed the Board. He told the Board he wanted the variance because the house that they had designed would encroach. He said he had looked at other subdivisions in the city, and most have a 5' setback on the side, very few had the 10' setback. 2 BOARD OF ADJUSTMENT October 13, 1994 Public Hearing Board Member Fuller asked if there is a requirement for a zero lot line that a structure be built on the lot line. Mr. Richardson said he was not aware of one and that it is feasible to have a structure on Lot 14 that would meet the same setback requirements. Board Member LaBiche asked if the lot sizes are at the minimum allowable size. Mr. Richardson replied that they are and that all the lots are 50' x 100'. Board Member LaBiche asked if the zero lot line concept has changed in the past years. Mr. Duren replied that the zero lot line concept entered into the new zoning ordinance just as a definition, it's not in the subdivision ordinance. There's only been a few developers to use it. A few have put it on their plats and then had it removed. The setback is twice the width of the required side yard on the interior. A 15' setback would be required if it was a two story house. He reminded the Board that on the zero lot line side there are no doors and windows permitted. Board Member Lucas asked Mr. Peyton if he went ahead knowing what the ordinance stated. Mr. Peyton said that when he drew the original plans he thought it would work, but when he took it to the engineer, he found that it wouldn't. By that time, he had already purchased the property. Board Member Harris asked if all the lots were the same size. Mr. Peyton said that his lot was one of the largest lots. Dr. Herman Iles, owner of the subdivision and apartment complex behind it, addressed the Board. In response to a question by Board Member Fuller, Dr. Iles said he owned Lot 14, the lot adjacent to the Peyton's. Mary Ann Iles addressed the Board. In response to Board Member Wilson's question, Dr. Iles said that he thought the variance should be granted. 3 BOARD OF ADJUSTMENT October 13, 1994 Public Hearing In response to Board Member Fuller, Mr. Peyton said the house he planned to build has 2,008 square feet and is a one story home. Chairman Eisen closed the public hearing. Discussion among board members. Mr. Richardson addressed Condition B regarding the hardship and explained how staff came to the decision of approval. When staff considered the request, they looked at the odd shape of the lot. Discussion of lot shapes and widths followed. Mr. Richardson told the Board that the drawing submitted to staff with the application showed a 2.57' encroachment at the front and a 2.6' encroachment at the rear. He said he was just made aware by the applicant that the way the house is actually designed it encroaches at the rear 1' (garage area) and 1' 4" at the front. Board Member Harris asked the applicant if he changed the size of the house and how could it have changed from what the applicant originally submitted? Mr. Peyton said he went to the engineer's office and showed him the drawing he just arbitrarily used 46 feet as the width of the house and he laid it out. He said he looked at it before he came up here, but he figured a variance was a variance and so he didn't ask for a change on it. But if it would help his case any, the actual distance is going to encroach in the back is only 1 foot. In the front it will encroach 1'4" into the 10' setback. Mary Ann Iles recalled the Board's comments about this being the first house and that the future buyers of the neighboring lot would be aware of the setback. She felt that now is the time to get this started, it is an asset to our city and it will be an addition to the tax rolls. There could be no objection if you're selling something that is actual. Mr. Duren reminded the Board that the reduced yard is going to be Mr. Peyton's reduced yard. The neighbor is going to be on the zero lot line. What Mr. Peyton has done is going to reduce his own yard. Board Member Harris made a motion to deny the variance as requested in File #370-BA. Board Member LaBiche seconded the motion. Motion to deny carried 5:2. (Chairman Eisen did not vote, Board Member Wilson abstained.) THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED. 4