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03 JUL 14 A G E N D A BOARD OF ADJUSTMENT JULY 14, 2003 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting June 9, 2003 1-2 3. VARIANCE REQUEST(S): a. Maximum Square Footage Variance 5405 Ridge Road Petitioner: Bob Harden 3-4 b. Front Yard Setback Variance/Privacy Fence 700 Brewer Street Petitioner: William & Patricia Henson 5-6 c. Front Yard Setback Variance/Metal Carport 1801 Madden Road Petitioner: Richard & Linda Potter 7 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 14, 2003 6:30 p.m. – 7:08 p.m. ATTENDANCE: Commissioners: Martha Boyd, Glen Keaton 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 Boyd moved, second by Commissioner Keaton to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of June 9, 2003. MOTION CARRIED. VARIANCE(S): Accessory Building Maximum Square Footage at 5405 Ridge Road Chairman Perry opened the public hearing at approximately 6:31 p.m. Petitioner Bob Harden stated that he would like to construct an accessory building larger than the allowable of 650 square feet. Chairman Perry noted that Mr. Harden’s letter of request explains that the exterior of the building would be finished entirely in brick and that the style would be in conformity with the residence. He then added that all setbacks will be observed. City Engineer Whisker noted that the lots in the Oak Ridge Ranch subdivision are approximately one acre in size. Chairman Perry closed the public hearing at approximately 6:35 p.m. Commissioner Keaton moved, seconded by Commissioner Boyd to grant a maximum square footage variance for an accessory building to be located 5405 Ridge Road. MOTION CARRIED. b. Front Yard Setback Variance/Privacy Fence at 700 Brewer Street Commissioner McCleary arrived at approximately 6:36 p.m. Chairman Perry opened the public hearing at approximately 6:37 p.m. Petitioner Patricia Henson stated that she has just completed construction on a 6’ privacy fence at her residence when she learned that she would need a variance. She explained that she is in the process of having another home built outside of Jacksonville and needs the fence for her dogs. She estimated that the new home would be completed in December. She explained the property at 700 Brewer had belonged to her mother, adding that she feels the fence enhances the appearance of the house. In response to a question posed by Commissioner McCleary, Mrs. Henson stated that she currently has four large dogs. She then explained that she has experienced problems keep one of her dogs inside the fence. In response to a question posed by Chairman Perry, Mrs. Henson explained the L shape of the fence, which leaves the front entrance of the home outside 1 BOARD OF ADJUSTMENT REGULAR MEETING July 14, 2003 6:30 p.m. – 7:08 p.m. the fenced area. Mrs. Henson then stated that she would like to leave the fence after moving, explaining that when the house sells, the fence would provide protection for any children living in the house and privacy for the new resident. She stated that several of her neighbors have expressed that they like the fence. She explained that she constructed a privacy fence more for the aesthetical value. City Engineer Whisker noted that Mrs. Henson’s builder was told that it would be all right to construct the fence, adding that it has been the policy that any structure beyond the front building line is considered a permanent structure and must have a variance from the Board of Adjustment. He then agreed that the fence does not obstruct the traffic site line view. He pointed out that the fence does obstruct the view of the home, mentioning problems regarding police being able to see the front of the home when driving through the neighborhood. He stated that he did not feel that this would be a standard that the Board would want to establish. He added that he did not feel that it would be a problem from the City’s standpoint if it were granted on a temporary basis. In response to a question posed by Commissioner McCleary, City Engineer Whisker explained that from the center of the road the City owns the first 25 feet which includes 11 feet from the back of the curb. He stated from that point it should be 35 feet to the front of the house being the front building line. He stated that her fence is over the front building line. Mrs. Henson explained that the L shaped fence comes to where the front door is located. City Engineer Whisker noted that the fence only extends 8 to 10’ beyond the house. Mrs. Henson stated that she had never considered concerns regarding Police and Fire Protection, but had only thought that it would add to the home aesthetically by providing privacy and a feeling of protection. Commissioner McCleary questioned if the variance were granted to Mrs. Henson how that would affect the new homeowner. It was clarified that a temporary variance would carry an expiration date that would not be transferable and that any further variance would have to be brought back to the Board of Adjustment. In response to a question posed by Commissioner Keaton, City Engineer Whisker stated that he is asking for all fences of any height to be brought before the Board of Adjustment. Discussion ensued and Mrs. Henson stated that she would have to have the new home completed within six months because of the construction loan. Mrs. Henson questioned if a portion of the fence could remain providing some privacy. 2 BOARD OF ADJUSTMENT REGULAR MEETING July 14, 2003 6:30 p.m. – 7:00 p.m. City Engineer Whisker clarified that any portion of the fence would require a variance. In response to a question posed by Chairman Perry, Mrs. Henson stated that she is not positive that she will sell the house. Chairman Perry offered that at such time she could return to the Board of Adjustment to request a permanent variance. Chairman Perry closed the public hearing at approximately 6:50 p.m. Commissioner Keaton moved, seconded by Commissioner Boyd to approve a temporary six-month variance for the six-foot privacy fence located at 700 Brewer Street. MOTION CARRIED. In response to a question posed by Mrs. Henson, City Engineer Whisker stated that if the fence were still needed after the six-month period a further variance could be considered. c. Front Yard Setback Variance/Metal Carport at 1801 Madden Road Chairman Perry opened the public hearing at approximately at approximately 6:52 p.m. Petitioner Richard Potter of 1801 Madden Road, explained that he would like to construct a roof on the front driveway to cover his 31’ travel trailer. He stated that the structure would need to extend approximately 33’ from the home. Chairman Perry noted the request to be for a structure 33’ X 23’ extending from the front of the home. In response to a question posed by Commissioner Keaton, Mr. Potter stated that he had thought about placing the structure in the rear yard but added that he already has a carport in the rear for his boat. In response to a question posed by Commissioner McCleary, Mr. Potter stated that the proposed construction would not obstruct the traffic view on Madden Road. He explained that his driveway curves before coming onto Madden Road, adding that the structure would be approximately 59’ from the centerline of Foxhill Court and 37’ from the centerline of Madden Road. It was noted that the existing carport to the rear of the home is 14’ X 24’. Chairman Perry noted that approximately 35 area residents have called to register their opposition to the construction of a metal carport to the front of the home. In response to a question posed by Commissioner McCleary, Chairman Perry stated that from the calls he had received he determined that the main concern was regarding a metal structure in front of the home. He discouraged construction of metal carports to extend in the driveway as a standard. 3 BOARD OF ADJUSTMENT REGULAR MEETING July 14, 2003 6:30 p.m. – 7.08 p.m. City Engineer Whisker noted that variance request amounts to approximately 17 feet, adding that the usual front yard setback variance is not more than 2 to 5 feet. Mr. Kirk Meyer of 909 Foxwood Drive stated that he is opposed to the variance, adding that he believes the variance would detract from the integrity and continued décor of the Foxwood Subdivision and will not enhance the property values of the neighborhood. Mr. Potter stated that he has spoken with his neighbors and they do not have a problem with the variance. He stated that Mr. Meyer lives in another area. Mr. Meyer stated that he is a resident of Foxwood and if this variance is granted there would be nothing to prevent another resident closer from requesting the same variance. Mr. Potter stated that a similar situation exists on Foxboro Cove in the Foxwood Subdivision, explaining that the homeowner has an RV parked at the end of the home. Discussion ensued that the structure Mr. Potter brought to question is located behind the building line setback. Commissioner Keaton proposed that Mr. Potter relocate the structure to accommodate proper building setbacks. Mr. Potter agreed to consider relocating the structure, but noted that if he located it to the rear yard of the property he would have to move or extend the current structure being used for the boat. Discussion ensued and Mr. Potter related that in remodeling his home his contractor informed him that a structure for the boat was included in the remodel permit. He added that he then learned that he had to purchase a separate permit for the boat. Chairman Perry closed the public hearing at approximately 7:06 p.m. Commissioner Boyd moved, seconded by Commissioner Keaton to deny the request for a metal carport extending over the front yard setback at 1801 Madden Road. MOTION CARRIED. ADJOURNMENT: Chairman Perry adjourned the meeting at approximately 7:08 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mark Perry CITY CLERK - TREASURER 4