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09 AUG 10 A G E N D A BOARD OF ADJUSTMENT AUGUST 10, 2009 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting July 13, 2009 1-3 3. VARIANCE REQUEST(S): Side Yard Setback Variance 1 Devon Lane Petitioner: George Gordon Yoder 4-7 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: August 10, 2009 6:30 p.m. – 6:50 p.m. ATTENDANCE: Commissioners: Bart Gray, Jr., Eric McCleary, Art Brannen, Chairman Chad Young, City Planner Chip McCulley and City Engineer Jay Whisker were present ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Young declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Gray to approve the minutes of the regularly scheduled Board of Adjustment meeting of July 13, 2009. MOTION CARRIED. VARIANCE(S): Side yard setback variance at 1 Devon Lane Chairman Young opened the public hearing at approximately 6:30 p.m. Chairman Young introduced the item of business and questioned if Mr. Yoder had an architectural rendition of the proposed construction. Mr. Yoder stated that his builder had conveyed that he would rather wait until the item was approved to present rendering. He went on to say that he had assured his builder that he would not accept any “shotty” construction. He stated that he is hoping to have a structure that would allow him to keep his motor home out of the elements. City Planner Chip McCulley answered that the side yard setback is 15’, explaining that Mr. Yoder’s request would be an encroachment of approximately 2’. He noted that he had read the bill of assurance, noting that the Stonewall Property Owner’s Association President, Mr. Moore is present. He clarified that the bill of assurance does restrict construction over the property line. He then noted that it may be that Mr. Yoder would also have to obtain approval from the Property Owner's Association before being able to move forward with construction plans. Discussion ensued and Mr. Jim Moore presented a copy of the Stonewall bill of assurance, which he pointed out a statement regarding architectural control. He read: “No building shall be erected, placed, or offered on any property in the Subdivision until the building plans, exterior materials, exterior color scheme, and plot plan showing the location and facing of such building with respect to existing topography, adjoining streets, and finished ground elevations have been approved in writing by the Association. City Planner Chip McCulley clarified that approval from the Association is separate from the City code, requiring both approvals to move forward with construction. In response to a question from Chairman Young, City Clerk Davitt answered that there had not been any calls regarding the request for variance. In response to a question from Commissioner Brannen, Mr. Yoder concurred that it would not be too much of a hardship if the Board waited to hear from the Stonewall Property Owner's Association before taking formal action on this request. He explained that the biggest hardship is having to store his motor home out in the weather. 1 BOARD OF ADJUSTMENT REGULAR MEETING August 10, 2009 6:30 p.m. – 6:50 p.m. Commissioner McCleary stated that he would like to see the final construction plans. Mr. Moore read from the Stonewall Bill of Assurance “no building shall be located on any building site nearer to the front property line or near to the side street line than the minimum building setback line shown on said plat. No building shall be located nearer than a distance of 7.5’ from an interior lot line; no principal dwelling shall be located nearer than 25’ to the rear lot line.” He continued saying that “eves, steps, and open porches shall not be considered part of the principal dwelling.” He stated that he is not objecting to Mr. Yoder’s request, but would like to see a copy of the building plans. Mr. Yoder concurred, saying that Mr. Collins, his builder, constructed his back porch and did a good job, adding that he told Mr. Collins that he did not want something that looked cheap. Discussion ensued regarding how the addition would attach to the roofline. Chairman Young noted that the driveway is currently 12’2” from the face of the house to the edge of the slab, assuming that the structure would need another 2’ to make a 2’ encroachment. He questioned if the RV would fit without the encroachment. He questioned if it would be more feasible to locate the structure behind the fence line to the side of the house and having it fit into a 10’ instead of 12’ wide area. Mr. Moore then answered that the Stonewall Board of Directors meets annually in September to prepare the budget for the following year. Commissioner Brannen stated that he would not be in favor of this because the Board has refused other carport request. Chairman Young noted that it would not be as objectionable if the structure was moved back behind the front build line and match the existing roofline of the house. He noted that it would be better if it were located behind the fence, making it easier for the Property Owner’s Association to approve the construction. Mr. Yoder stated that he had not considered that option, explaining that it would double the drive way area going to the rear. He stated that he would consult with his builder. Commissioner Gray reiterated the benefit of being able to see plans regarding the proposed construction, especially the roofline. He related that he does not feel that a 2’ encroachment would be so objectionable, but noted that Mr. Yoder would still need the approval of the Property Owner’s Association. He suggested tabling the item of business until Mr. Yoder is able to meet with the Stonewall Property Owner’s Association. Mr. Yoder stated that he would prefer not to extend the driveway beyond the fence but added that if that were the only option he would consent. 2 BOARD OF ADJUSTMENT REGULAR MEETING August 10, 2009 6:30 p.m. – 6:50 p.m. Mr. Moore noted his concerns and the concerns of the Property Owner’s Association regarding the materials and aesthetics of the project. He reiterated the desire to review plans regarding the project prior to it being constructed. He then answered that he could call a meeting of the Board as soon as Mr. Yoder’s builder can offer the Board his plans. Commissioner Brannen moved, seconded by Commissioner McCleary that the request be tabled pending approval from the Stonewall Property Owners Association. MOTION CARRIED. Chairman Young closed the public hearing at approximately 6:48 p.m. ADJOURNMENT: Without objection, Chairman Young adjourned the meeting at approximately 6:53 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Chad Young CITY CLERK – TREASURER 3