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03 SEP 08 A G E N D A BOARD OF ADJUSTMENT SEPTEMBER 8, 2003 - 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting August 11, 2003 1-10 3. VARIANCE REQUEST(S): a. Accessory Building Maximum Square Footage Variance 5123 Madison Avenue Petitioner: James & Bettie Harkey th (tabled from August 11 meeting) 11-13 b. Accessory Building Maximum Square Footage Variance #10 Shady Lane Petitioner: Robert Robertson 14-20 c. Accessory Building Maximum Square Footage Variance 205 Otter Place Petitioner: Fred Hicks 21-23 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: September 8, 2003 6:38 p.m. – 7:10 p.m. ATTENDANCE: Commissioners: Susan Dollar, Kevin McCleary and Acting Chairman Keaton Chairman Perry arrived at approximately 6:40 p.m. City Representative, City Engineer Whisker _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Acting Chairman Keaton declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Dollar moved, second by Commissioner McCleary to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of August 11, 2003. MOTION CARRIED. VARIANCE(S): 5123 Madison Avenue Maximum Square Footage Variance Acting Chairman Keaton opened the public hearing at approximately 6:38 p.m. Petitioner Mr. James Harkey stated that the situation is the same as it was at the last meeting. He related that the building would be constructed of either metal or wood depending on price. He stated that he sent Mr. Rice the letter requesting his approval or disapproval, but has not had a response back. Commissioner Dollar stated that the authority of the Board is to consider a ruling for a size variance of the accessory building. In response to a question from Acting Chairman Keaton, Mr. Harkey clarified that the bill of assurance required that the building be 10% of the width of the lot from the side property line. He related that the survey showed a 10-foot easement for utilities at the rear of the lot. Mr. Whisker noted the side-yard setback it a bill of assurance issue. Chairman Perry entered at approximately 6:40 p.m., acting Chairman Keaton continued. Commissioner McCleary stated that he went out to the property and everything was in order. Commissioner Dollar moved, seconded by Commissioner McCleary to grant a maximum square footage at 5123 Madison Avenue contingent on acceptance from the Bill of Assurance Board. MOTION CARRIED. Acting Chairman Keaton closed the public hearing at approximately 6:42 p.m. b. #10 Shady Lane Accessory Maximum Square Footage Variance Acting Chairman Keaton opened the public hearing at approximately 6:42 p.m. Petitioner Mr. Robert Robertson of #10 Shady Lane stated that he has begun construction for a shop in the back yard of his residence for which he has already obtained a building permit. He showed the Board drawings of the shop, adding that the shop is 10’ X 10’ with a garage door that matches the residence. He explained that he plans to use 8” masonite siding to 1 BOARD OF ADJUSTMENT REGULAR MEETING September 8, 2003 match the residence. In response to a question posed by Commissioner McCleary, Mr. Robertson responded that the back wall is 12 feet from the fence line and the side is 5 feet to the fence line. He continued that the construction is proposed to be 16 on center with 24 on center rafters constructed of wood. In response to a question posed by Chairman Perry, Mr. Robertson responded that he is planning to have a driveway up to the shop and would like to abut a 20’ X 20’ metal carport up against the garage door of the work shop. In response to a question posed by Acting Chairman Keaton, Mr. Robertson responded that he intends to move the smaller portable shed from the backyard. In response to a question posed by Chairman Perry, Mr. Robinson answered that he could use wood instead of metal noting that any construction would be painted to match the shop. He stated that he did not want to use wood to construct the carport because the roof is flat and would hold water and mold. In response to a question posed by Chairman Perry, Mr. Robinson responded that the workshop would have a 12 X 4 pitched roof. In response to a question posed by Acting Chairman Keaton, Mr. Robinson stated that he is not exactly sure what the roof will be constructed of, added that he wanted the construction to look good. He continued, pointing out that the structure would be painted dark brown. Discussion ensued and Mr. Whisker stated that there are no setback issues. Chairman Perry expressed considerations for the appearance of the carport having a flat roof and the shop having a pitched roof. It was noted that there were no neighbors in attendance to oppose. Commissioner Dollar acknowledge that the carport would be convenient, but was not sure of the hardship involved. Mr. Robinson stated that he believes what he is proposing would look better than other portable carport structures. He went on to say that he needs to have a carport attached to the front of the workshop. He continued that he could install the other type of carport, but is concerned about the stability during high winds. He stated that he would prefer a permanent type of structure. City Engineer Whisker stated that Mr. Robinson is seeking a square footage variance for the carport, explaining that no matter what structure Mr. Robinson choose he would still need to seek a square footage variance. He stated that the only way to avoid having to seek a variance would be to place the carport away from the workshop, which would create two separate structures. Mr. Robinson stated that he was under the impression that square footage 2 BOARD OF ADJUSTMENT REGULAR MEETING September 8, 2003 6:38 p.m. – 7:10 p.m. applied to enclosed structures. City Engineer Whisker stated that he had confirmed with City Attorney Bamburg that a carport attached to a permanent structure would require a square footage variance. Mr. Robinson stated that in searching for a carport, he noticed that the information sheet stated that the purchaser needed to check with City codes. In response to a question posed by Chairman Perry, Mr. Robinson stated that his house is green with brown trim and plans to match the structure to the primary residence. He stated that carport would face toward the street but would probably not be noticeable from the street. He noted that it would be behind the fence in the backyard. Acting Chairman Keaton closed the public hearing at approximately 6:55 p.m. Chairman Perry moved, seconded by Commissioner McCleary to approve the maximum square footage variance for a carport at #10 Shady Lane. MOTION CARRIED. c. 205 Otter Place maximum square footage variance Acting Chairman Keaton opened the public hearing at approximately at 6:55 p.m. Petitioner Mr. Fred Hicks Jr. of 205 Otter Place stated that he has lived at his current residence since 1986 and is requesting a variance an accessory building in the backyard to double as a garage and workshop. He continued that he understands that the maximum allowable square footage is 650 square foot and he is proposing to construct an accessory building of 880 square feet. He related that he would rather construct one 880 square foot building rather than two 650 square foot buildings. He explained that he owns four automobiles and three motorcycles that he would like to store in the building and remove them from the front of the residence. He added that he intends to use a portion of the building to store tools and yard equipment. He then answered that his house is two stories. In response to a question by Acting Chairman Keaton, Mr. Hicks stated that the accessory building would be on concrete piers. In response to a question by Chairman Perry, Mr. Hicks stated that he has set the concrete pillars in the ground. Chairman Perry noted that metal poles and part of the cover were on site. Mr. Hicks related that the building is prefabricated and assembled on site. Commissioner McCleary questioned if Mr. Hicks could down scale his request closer to the allowable 650 square foot maximum. 3 BOARD OF ADJUSTMENT REGULAR MEETING September 8, 2003 6:38 p.m. – 7:10 p.m. Mr. Hicks stated that if he decreased his square footage request he would not be able to store all his automobiles, adding that he would like to remove the vehicles from the front of the residence. He explained that his father left him several vehicles and a motorcycle that he would like to store, pointing out that he has a large backyard with a swimming pool. He explained that since the property slops in the back he would have to bring dirt in to level the ground to the flooring of the house. He noted that the concrete pillars would actually be underground once the dirt was in place. He continued that the pool is above the ground, stating that when the pool was put in they dug out the pool and left the remainder along the sides of the pool creating a slope all the way around the pool. He stated that the bottom of the accessory building would be approximately the same level as the swimming pool when he fills with dirt. He stated that he does not have any problems with drainage. In response to a question posed by Chairman Perry, Mr. Hicks stated that he had spoken with his neighbor approximately three days ago and they do not have a problem with his intentions. He added that the other two neighbors do not appear to have a problem either, noting the variance sign that has been posted. He continued that he does plan to extend the driveway to the accessory building, adding that there is currently a chain link fence all the way around. Chairman Perry noted that the building would be visible to the other properties as a big metal two-story structure. He then asked Mr. Hicks how close the extended driveway would be to the side property line. Mr. Hicks replied that he was told he could extend the concrete to the property line without a variance. He continued that he has not yet decided how wide he wants the driveway, adding that he would not want to cause a drainage problem for the neighbors. He related that he has a hedge planted along the property line that will grow to approximately 8 to 10 feet in height and will help create privacy for he and his neighbors. City Engineer Jay Whisker stated that when he spoke to Mr. Hicks about the driveway the main concern was to keep drainage from going into the neighbor’s yard, adding that considerations were discussed regarding a swell at the end or keep it a foot of the grass. Mr. Hicks assured the Board that he would be willing to address any drainage issues, pointing out that he could have the water drain to the rear of the property. He noted that there would never be any construction adjacent to the rear of his property. In response to a question posed by Acting Chairman Keaton, City Engineer Whisker noted that Mr. Hicks property not in the flood way, adding that he believes that the flood plain is behind the property. Mr. Hicks reiterated that the reason he requested an 880 square foot building is to store all of his vehicles. He added that he could construct two 650 square foot buildings without a variance, but does not need that much space and would not want to have his neighbors suffer two buildings 4 BOARD OF ADJUSTMENT REGULAR MEETING September 8, 2003 6:38 p.m. – 7:10 p.m. instead of one. In response to a comment from Acting Chairman Keaton, Mr. Hicks replied that his neighbors would probably rather see the accessory building in the back of the property instead of being in the front. He continued by listing all of the vehicles that he currently has in the front yard. Chairman Perry stated that he would like to talk with Mr. Hicks neighbors, expressing concern for the height of the structure. Mr. Hicks asked if there is a variance required for the height of any building. City Engineer Whisker stated that there is and he continued that it is forty feet or 2½ stories. Mr. Hicks stated that the accessory building would be lower than his two-story home. Commissioner Dollar asked Mr. Hicks if he is pressed for time on this project. Mr. Hicks replied that he would like to have it completed before winter. Commissioner McCleary moved to table the issue to the next regularly scheduled meeting to offer an opportunity to talk to the neighbors and discuss height concerns. Chairman Perry seconded the MOTION. Mr. Hicks stated that he would like to find out the requirements for the height of a building. City Engineer Whisker stated that it is not a request for a variance of height for the building, but the overall size. He then added that during the variance request the Board can request other considerations that might help to disguise the building if it is too big. Mr. Hicks offered that if the neighbors would prefer a privacy fence, he would be glad to construct one. He then questioned if he constructed two buildings that meet maximum square footage requirements, would he have to appear before the Board for considerations even if they are planned at the same proposed height. City Clerk Susan Davitt stated that is correct. City Engineer Whisker agreed, noting that the buildings could not cover over 35% of the rear yard or over 40 foot in height. Acting Chairman Keaton closed the public hearing at approximately 7:10 p.m. At this time, MOTION CARRIED to table the item of business until the next regularly scheduled Board of Adjustment meeting. ADJOURNMENT: 5 BOARD OF ADJUSTMENT REGULAR MEETING September 8, 2003 6:38 p.m. – 7:10 p.m. Acting Chairman Keaton adjourned the meeting at approximately 7:10 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mark Perry CITY CLERK - TREASURER 6