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02 DEC 9 A G E N D A BOARD OF ADJUSTMENT DECEMBER 9, 2002 - 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regularly Scheduled Meeting November 18, 2002 3. VARIANCE REQUEST: Rear Yard Setback Variance 32 Georgeann Drive Petitioner: Lewis M. Walker ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: December 9, 2002 /6:30 p.m. – 6:43 p.m. ATTENDANCE: Commissioners: Martha Boyd, Mark Stroud, William Montgomery and Chairman Perry, City Representative, City Engineer Whisker City Clerk Susan Davitt recorded those listed above in attendance and Chairman Perry declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Stroud moved, seconded by Commissioner Boyd to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of November 18, 2002. MOTION CARRIED. VARIANCE(S): Rear Yard Setback Variance/32 Georgeann Drive Chairman Perry opened the public hearing at approximately 6:31 p.m. Mr. Lewis Walker stated he would like to construct an 11 X 19 foot sunroom to the rear of his home. He stated that the proposed sunroom would be approximately 23 feet 11 inches from the rear property line. Mr. Walker stated the he was not aware of the 25-foot variance/rule until informed by his builder. He stated that his builder had instructed him to request a 20-foot rear setback, which he stated would provide a 3-foot grace. He explained that there would only be a small triangle of the corner of the building that would require a variance. He related that because of the angular rear property line the corner of the sunroom would only extend maximum of 18” beyond the required setback. He stated that currently there is a privacy fence that is 3-foot further out to the rear of his property, adding that it has been there since he purchased the home. Commissioner Montgomery questioned the location of his gazebo. Mr. Walker stated that his gazebo is located to the rear right of the back yard next to the property line, adding that he constructed the gazebo himself. In response to a question from Commissioner Montgomery, Mr. Walker related that the variance would be from the corner of the eleven-foot addition to the fence line. Mr. stated that he would use approximately 1’ 4” of the requested five-foot variance regarding the corner of the building. Chairman Perry noted from the survey that the gazebo appears to be actually over the easement. Mr. Walker stated that his understanding is that the gazebo is considered a temporary building. He stated he could move the gazebo one foot if necessary. Chairman Perry asked if he had any plans for the building located to the front of the house. Mr. Walker Lewis stated that he did not. 1 BOARD OF ADJUSTMENT REGULAR MEETING December 9, 2002 continued: Commissioner Stroud asked City Engineer Whisker if the front building was within City Code. City Engineer Whisker stated that Code does not allow a structure in front of the building line. Discussion ensued as to when the building was constructed and Chairman Perry noted that it was not on the 1996 property survey. Mr. Walker stated that he placed the building in 1998. Commissioner Stroud questioned if the building has electrical power. Mr. Walker stated that there is no permanent power to the building, explaining that he has been using an extension cord for power as needed. Commissioner Stroud noted another building inside the fence back by the big tree behind the garage. Mr. Walker stated that he did and that he had asked his neighbor if he minded him putting the building there and that his neighbor did not mind. He related that the building is approximately 10 X 8 feet. He related that the building in the front is aluminum and that the small building in the in the back yard is next to the fence could be easily moved. Commissioner Stroud stated that he is concerned regarding the building in the front that is not within Code compliance. He asked Mr. Walker if the Board allowed the rear variance would he be willing to move the building from the front yard. Mr. Walker stated that he would. Discussion ensued regarding the status as a temporary building in the front yard and City Engineer Whisker explained that no structure is allowed in front of the building line to the curb. Mr. Walker stated that if the building had to be moved, he added that he had contacted his neighbor who did not mind the placement of the building. Commissioner Stroud voiced concerns, stating that the overall aesthetics of the neighborhood is being considered. He stated that being the reason that all houses are setback the same distance through the neighborhood, mentioning that it flows easier. He stated that he had spoken to Mr. Walker’s neighbor who had related that he did not have any problem with the structure. He stated that the felt the front building needed to be moved to the rear. Mr. Walker stated that he could move the building, but was not sure how long it would take. Discussion ensued regarding the on set of winter and City Engineer Whisker stated that the building should be moved to coincide with the completion of the sunroom. 2 BOARD OF ADJUSTMENT REGULAR MEETING December 9, 2002 continued: Mr. Walker stated that the builder stated that the builder had conveyed to him that it would take approximately six weeks to complete the sunroom depending on the weather. In response to a request from Chairman Perry, Mr. Walker stated that he would have the building moved before the sunroom is completed. Commissioner Montgomery moved, seconded by Commissioner Stroud to allow a 5’ setback variance for the proposed sunroom contingent that the front building be moved to the rear yard by the final building inspection for the sunroom at 32 Georgeann Drive. MOTION CARRIED. ADJOURNMENT: Chairman Perry adjourned the meeting at approximately 6:43 p.m. MOTION CARRIED. Respectfully, _________________________ _____________________________ Susan L. Davitt Mark Perry CITY CLERK - TREASURER CHAIRMAN 3