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06 JUL 10 A G E N D A BOARD OF ADJUSTMENT JULY 10, 2006 - 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting June 12, 2006 1-4 3. VARIANCE REQUEST(S): a. Maximum Square Footage Variance Accessory Building at 6520 West Main Street Petitioner: Joe R. Oliver 5-8 b. Rear Yard Setback Variance 100 Oxford Cove Petitioner: Bill Hammonds 9-10 c. Rear Yard Setback Variance 3401 North Ridge Drive Petitioner: Alice Crook 11-12 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 10, 2006 6:30 p.m. – 7:00 p.m. ATTENDANCE: Commissioners: Glen Keaton, and Martha Boyd Chairman Traylor, and City Engineer Whisker _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Traylor declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Boyd moved, seconded by Commissioner Keaton to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of June 12, 2006. MOTION CARRIED with Chairman Traylor voting AYE. VARIANCE(S): a. Maximum square footage variance accessory building at 6520 West Main Street Chairman Traylor opened the public hearing at approximately 6:30 p.m. Petitioner representative Mr. Joe Oliver presented a site plan for the proposed accessory building, explaining that the primary site location was guided by the location of trees on the property. He noted that the proposed location would only require the removal of one tree. He stated that he is representing property owner Carey Stevens who is planning to use the accessory building for storage, which is why she is requesting extra square footage. He explained that Ms. Stevens owns an antique Thunderbird that she wants to store along with other storage items. He then related her plans to add on to the existing home. In response to a question posed by Chairman Traylor, City Engineer Whisker answered that the maximum allowed square footage for an accessory building is 650 square feet. Ms. Stevens then answered that the accessory building would be located to the opposite side of the driveway from the house in a wooded area. In response to a question regarding ownership of tract A & B, Mr. Oliver stated that Ms. Stevens is buying the property from Bill Baldridge, explaining that he has a letter and his client is prepared to purchase the property. Ms. Stevens then related that she had spoken with Mrs. Baldridge about purchasing the remaining ½ acre on the other side identified as tract B. In response to a question from City Engineer Whisker, Ms. Stevens stated that she owns tract A, B, and C, explaining that tract B is the last tract on the corner. She stated that tract B is the tract that she had spoken with Mrs. Baldridge about purchasing. It was clarified that she actually owns tracts A, C, and D. Ms. Stevens explained that the property was divided into the current tracts approximately 10 years ago when it was believed that adjoining neighbors might be interested in purchasing those tracts. City Engineer Whisker explained that he feels it is odd that the property was divided as such, leaving tract A without access. He stated that he does not object to the extension of the home or an oversized accessory BOARD OF ADJUSTMENT REGULAR MEETING July 10, 2006 building, but does feel that the property is oddly divided. Ms. Stevens stated that 10 years ago the property owner to the west wanted to purchase tract A to extend his property, adding that it never came to fruition. She stated that after buying tract C with the house, she then purchased tract D and tract A was offered as part of the deal. City Engineer Whisker stated that his recommendation would be for Ms. Stevens to plat the property that she plans to own into one large parcel of land, explaining that she would not be allowed to construct a building across a property line even if she owns both parcels. He then explained the platting procedure through the Planning Commission to Ms. Stevens. He then explained that tract A, if not included in the plat, would have to have an easement to the property. Mr. Oliver stated that in speaking with Bond Engineering regarding replatting the property into a one-lot subdivision, the costs were astronomical. City Engineer Whisker stated that given there are four tracts of property it appears to be a subdivision, requiring that it be subdivided properly. He then noted his concern that tract A does not have access to West Main Street. Commissioner Keaton offered that an easement to tract A would not necessarily have to be developed but would have to be shown on the plat. Chairman Traylor clarified that tract C and D would need to be platted as one tract to accommodate the proposed location of the accessory building. In response to a question from Ms. Stevens it was clarified that the road proposed to gain access to the accessory building could be extended to tract A to provide access from West Main Street, stipulating approval from the Planning Commission. City Engineer Whisker noted that access issues to tract A would also include approval by the Fire Marshall regarding Fire Department equipment being able to gain access. Chairman Traylor closed the public hearing at approximately 6:49 p.m. City Engineer Whisker strongly suggested that the property be replatted under one ownership into one large parcel, making a one-lot subdivision. He then noted that since the property is over two acres he does not have a problem with the request for a larger accessory building. It was clarified that if the property is platted into a one-lot subdivision that would eliminate the need for an easement or developed road to tract A. Commissioner Keaton moved, seconded by Commissioner Boyd to approve a maximum square footage variance for an accessory building at 6520 West Main Street, contingent upon the platting of tracts A, B, C, and D into one lot. MOTION CARRIED with Chairman Traylor voting AYE. BOARD OF ADJUSTMENT REGULAR MEETING July 10, 2006 Chairman Traylor closed the public hearing at approximately 6:49 p.m. b. Rear Yard Setback Variance 100 Oxford Cove Chairman Traylor opened the public hearing at approximately 6:49 p.m. Mr. Bill Hammonds stated that he proposes to demolish the current patio structure and slab to pour a level proper slab and rebuild a better structure. He stated that the structure would not extend any further toward the rear property line but added that he is requesting to extend the slab 9’ further along the back of the house. Chairman Traylor closed the public hearing at approximately 6:53 p.m. Commissioner Keaton moved, seconded by Commissioner Boyd to grant a rear yard setback variance at 100 Oxford Cove as requested. MOTION CARRIED with Chairman Traylor voting AYE. c. Rear Yard Setback Variance at 3401 North Ridge Drive Chairman Traylor opened the public hearing at approximately 6:54 p.m. Mrs. Alice Crook explained that she has moved from another state to Arkansas and was not aware of the building laws when she screened her rear deck area. She explained that the structure is 4’ into the rear setback. Chairman Traylor closed the public hearing at approximately 6:49 p.m. In response to a question posed by City Engineer Whisker, she explained that she had extended the deck area to make it larger and then screened in the area. City Engineer Whisker explained that when a roof was added to the structure it was considered a permanent structure, which now exists 4’ into the rear setback. Discussion ensued regarding the roof addition as a sound structure that would have passed building inspection if it had been properly building permitted and if the structure is in conformity with other homes in the neighborhood. Mrs. Crook noted that another home in the neighborhood recently completed construction of a roof over the rear patio with half walls. City Engineer Whisker reminded the Board that a variance was approved for a house on South Ridge belonging to Mr. Bill Shelly. He noted that the roof addition on South Ridge was constructed off the top of the house as opposed to coming off underneath the existing roof. Chairman Traylor questioned if the structure that was built would have been acceptable if properly permitted. City Engineer Whisker stated that he is not sure the structure would have BOARD OF ADJUSTMENT REGULAR MEETING July 10, 2006 passed building codes, mentioning the pitch of the roof as a possible problem. He stated that if the variance is granted, Mrs. Crook would still have to go through the building permit process and the structure would have to pass a framing inspection. He noted that the framing is exposed with this type of structure and would not be hard to determine if it passes. It was noted that if the variance is granted, it would then become Engineering’s responsibility to ensure that the structure meets Code. Commissioner Keaton moved, seconded by Commissioner Boyd to grant a rear yard setback variance at 3401 North Ridge Drive, contingent upon the structure passing framing and building codes. MOTION CARRIED with Chairman Traylor voting AYE. Mrs. Crook was instructed to apply in the Engineering Department for a building permit the following morning. Chairman Traylor closed the public hearing at approximately 7:00 p.m. ADJOURNMENT: Without objection, Chairman Traylor adjourned the meeting at approximately 7:00 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Mike Traylor CITY CLERK – TREASURER