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05 SEP 12 A G E N D A BOARD OF ADJUSTMENT SEPTEMBER 12, 2005 - 6:00 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting July 11, 2005 1-5 3. VARIANCE REQUEST(S): a. Rear Yard Setback Variance 3103 CloverRidge Cove Petitioner: Weathers Construction 6-7 b Front Yard Setback Variance 916 Southeastern Portable Carport Petitioner: George Olah 8-10 c. Building Line Setback Variance 800 Timberwolf Trail Petitioner: Woodhaven Homes 11-13 d. Rear Yard Setback Variance 11 White Fox Cove Petitioner: Daniel Gray 14-18 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: September 12, 2005 6:04 p.m. – 6:44 p.m. ATTENDANCE: Commissioners: Mike Traylor, Bart Gray, Jr. and Mark Perry Chairman Keaton, and City Engineer Whisker _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Keaton declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Traylor moved, seconded by Commissioner Gray to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of July 11, 2005. MOTION CARRIED. VARIANCE(S): a. 3103 CloverRidge Cove Rear Yard Setback Variance Chairman Keaton opened the public hearing at approximately 6:04 p.m. Mr. Kerry Weathers of Weathers Construction related that he had purchased four lots in the CloverRidge Subdivision from Brian Boroughs, explaining that the lot in question will not fit the chosen house plans, adding that the lot is a pie-shaped lot. He stated that he needs approximately 10’ of the rear yard setback to fit the house on the lot. He noted an extensive unsuccessful search to find a house plan that would fit the lot, adding that he would need a three-bedroom, two-bath house in order to sell the house. It was noted that there are no issues regarding the side yard setback. In response to a question posed by Commissioner Perry, Mr. Weathers stated that the bump out to the rear of the house is a kitchen dining area. He then answered that he does not have plans to construct a rear privacy fence, unless requested by the buyer. In response to a question from Commissioner Gray, Mr. Weathers answered that there are three vacant lots (lots 49, 50 & 51) to the rear of the lot. City Engineer Whisker noted that the preliminary plan was originally approved in the early 80’s. Commissioner Gray moved, seconded by Commissioner Perry to grant a variance of 10’ for the rear yard setback as requested. MOTION CARRIED. Chairman Keaton closed the public hearing at approximately 6:09 p.m. b. 800 Timberwolf Trail Building line setback variance Chairman Keaton opened the public hearing at approximately 6:10 p.m. Mr. Jack Wilson of Woodhaven Homes stated that his residence is located approximately three homes down from 800 Timberwolf Trail. He related that he has constructed most of the homes on Timberwolf and recently purchased the remaining two lots. He stated that he had made the assumption that a sideline on a corner lot would be a 15’ setback instead of matching the front yard setback of 35’. He noted that the current way the lot is platted it would not allow for much of a house regarding square footage. He stated 1 BOARD OF ADJUSTMENT REGULAR MEETING September 12, 2005 that his request is to treat the lot as a corner lot with a 15’ side yard setback. He then answered that the variance would be for lot 163. City Engineer Whisker stated that the street frontage is 35’, which is why the lot was platted as it was. He then noted that the house lines up with the houses on Timberwolf Trail and the 15’ would not interfere with the houses lining up because there are no houses it would have to line up with. He clarified that the lot is misshapen because of the bend in the street. He then answered that there are not any site distance issues. Mr. Wilson stated that the proposed home will be in the $250,000.00 range. Commissioner Perry moved, seconded by Commissioner Traylor to approve the 15’ setback variance at 800 Timberwolf Trail as requested. MOTION CARRIED. Chairman Keaton closed the public hearing at approximately 6:15 p.m. c. #11 White Fox Cove Rear Yard Setback Variance Chairman Keaton opened the public hearing at approximately 6:15 p.m. Mr. Daniel Gray of #11 White Fox Cove related his plans to construct a sunroom to the rear of his home. He stated that the sunroom would be approximately 17’ from the rear property line. He related that he has spoken with his neighbors, Pat and Gary Green, who did not oppose the variance request. In response to a question posed by Commissioner Perry, Mr. Gray answsered that the sunroom would be heated and cooled. He then answered that the architect for the project is Chad Young, adding that the exterior would match the current exterior of the home. Commissioner Perry moved, seconded by Commissioner Traylor to approve the rear yard setback variance at #11 White Fox Cove as requested. MOTION CARRIED with Commissioner Gray abstaining from the vote and Chairman Keaton voting AYE. Chairman Keaton closed the public hearing at approximately 6:18 p.m. d. 916 Southeastern Front Yard Setback Variance for portable carport Chairman Keaton opened the public hearing at approximately 6:19 p.m. Mr. George Olah of 916 Southeastern related that he has purchased a new vehicle and does not have a means to keep the vehicle out of the weather. He added that he is requesting to install a portable carport. He explained the difficulty locating the vehicle to the side of the existing carport because the side yard is only 11’ wide. He further explained the difficulty of locating to the rear yard, noting that the gate to the rear yard is two sections of 5’, with a gas meter located inside the fence. He related the expense of concreting to the rear yard because of the soft ground. He stated that the front yard variance request is the most plausible option, noting the request for 10’ in front of the existing carport. He added that the 2 BOARD OF ADJUSTMENT REGULAR MEETING September 12, 2005 only other option would be to place a cover over the vehicle, which he felt would look worse than the portable carport. He related that he intends to match the color of the carport to the house. In response to a question posed by Commissioner Perry, Mr. Olah answered that if granted there would be three single carports in a row. He then answered that moving the boat to the rear yard would present the same difficulties already mentioned with parking the car to the rear, mentioning the l1’ side yard. He stated that he had originally wanted to put the portable carport to the side of the existing carport, but that the 11’ side yard did not provide enough room for the 12’ wide portable carport. He then answered that the additions to the home were done approximately eight years ago. He stated that when he considered a carport to the side of the existing carport he had even considered a lean-to type of roofing to make the fit. City Engineer Whisker pointed out that Mr. Olah’s house is 10’ behind the normal 35’ build line. In response to a question from Commissioner Gray, Mr. Olah stated that he measured from the center of the road back 31’ to his fence and then another 45’ to the house. He explained that in order place the portable carport he would need a 10’ variance. Discussion ensued regarding the structure being considered permanent and the necessity of a variance because it crosses the front build line. Further discussion ensued regarding placement of the boat to the side of the carport on a concrete slab and the room available for a concrete slab. In response to a question posed by Commissioner Gray, Mr. Olah related that he had spoken with his neighbors in the immediate area, adding that they did not express any opposition. City Clerk Davitt noted that her office did not receive any opposition phone calls. It was noted that the property was properly advertised and posted. Mr. Olah then related that if the boat were moved to the side of the carport, he would like to have a roof shelter for the boat rather than using a cover. Commissioner Perry introduced considerations for neighborhood property values, and Mr. Olah stated that he tries to take care of his property. He then issued a complaint about the neighbor who lives behind his property. City Engineer Whisker promised to look into the matter. Commissioner Perry reiterated that in order to maintain property values a permanent site built carport would be more acceptable than a metal portable carport. He clarified that regarding his tenure on the Board of Adjustment he has never seen a portable carport approved as a variance over the front build line. Discussion ensued regarding a side carport structure for the placement of the boat. The Board expressed hesitancy to approve the request because of the precedence it would set. It was noted that the Board has not approved 3 BOARD OF ADJUSTMENT REGULAR MEETING September 12, 2005 this type of variance for a portable carport in the past. It was the consensus of the Board to consider some other option rather than a front yard setback variance for a portable carport. Mr. Olah asked if the Board would consider approving the variance if the structure were site built, noting that aesthetically it would look nicer. Commissioner Perry stated that the Board would be willing to review an optional plan for the same location requested in the variance. He stated that he views the concept of a continuous roofline and same type construction more favorably than a metal roof. Mr. Olah answered that his boat is either 48” or 52” wide. Commissioner Traylor noted that if Mr. Olah extended the roofline of the side carport up to the five-foot side yard setback, he would be able to place the boat to the side of the carport. Mr. Olah stated that he did not feel there is adequate room on the side yard. He then stated that he would research possibilities for a site built structure attached on the front of the house to bring back to the Board. Commissioner Perry moved, seconded by Commissioner Traylor to deny the request for a portable carport crossing the front yard setback at 916 Southeastern. MOTION CARRIED. In response to a question from Mr. Olah, it was clarified that the Board under State Statute guidelines regarding the forum of a public hearing would hear any optional request for a front yard setback variance. Mr. Olah clarified with the Board that if he built a structure that remained behind the build line, he would not have brought such plans back through the Board of Adjustment. Discussion ensued regarding options for concreting part of the side yard to accommodate parking the boat sideways from underneath the existing carport with the possibility of a small extension of the roofline for shelter. Mr. Olah surmised that the existing carport post might not make that option feasible, but added that he would investigate options. Chairman Keaton closed the public hearing at approximately 6:44 p.m. 4 BOARD OF ADJUSTMENT REGULAR MEETING September 12, 2005 ADJOURNMENT: Without objection, Chairman Keaton adjourned the meeting at approximately 6:44 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Glen Keaton CITY CLERK - TREASURER 5