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09 MAY 11A G E N D A BOARD OF ADJUSTMENT MAY 11, 2009 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting February 9, 2008 1-7 3. VARIANCE REQUEST(S): a. Accessory building variance 1104 Latigo Trail Petitioner: Mr. Marvin Lindley 8-11 b. Accessory building variance 2006 Steeplechase Drive Petitioner: Mr. Gilbert Moser 12-13 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: May 11, 2009 6:30 p.m. – 6:49 p.m. ATTENDANCE: Commissioners: Bart Gray, Jr., Mark Perry, Art Brannen, Chairman Chad Young, and City Planner Chip McCulley 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 Perry moved, seconded by Commissioner Brannen to approve the minutes of the regularly scheduled Board of Adjustment meeting of February 9, 2009. MOTION CARRIED. VARIANCE(S): a. Accessory building variance at 1104 Latigo Trail Chairman Young opened the public hearing at approximately 6:30 p.m. Mr. Marvin Lindley explained that he is proposing to construct a storage building that would extend from his garage to an existing accessory building in the back yard. He stated that it is his understanding that if he attaches the building to the rear of his garage he would need a rear yard setback variance. He related that he plans to make the exterior match the exterior of his residence. He stated that he plans to incorporate the space of the current storage building and workshop into a single addition under one roof. He related that the connecting structure would aid in water runoff where there is an existing water build up problem. He stated that the variance request is for 10’, explaining that the current storage building is 16’ from the rear property line. In response to a question posed by Chairman Young, Mr. Lindley stated that the total square footage would be less than 650 square feet, estimating that it would be approximately 646 square feet. Commissioner Perry verified with Mr. Lindley that the proposed structure would have plumbing and electrical. Mr. Lindley then explained that he had contacted a contactor that would make the exterior siding match his residence. He explained that he is an art teacher at Jacksonville High School and is planning to use part of the space as an art studio. He then answered that he is removing most of the existing storage facility to be reframed. Commissioner Gray noted that it would need to be considered as a room addition with a rear yard setback variance, questioning if there is any total square footage coverage code that would create a percentage variance. City Planner McCulley stated that the only variance would be for the rear yard building line setback. He explained that Mr. Lindley was originally only considering constructing an accessory building but was not able to meet the 15’ code required between the main residence and any accessory building. He noted that if it is attached to the main residence it would not be considered an accessory building. He noted that once the roof is tied into the existing roof it becomes a part of the main residence. Commissioner Gray clarified that a 9’ rear yard setback variance. BOARD OF ADJUSTMENT REGULAR MEETING May 11, 2009 It was noted that there was not anyone present in opposition. Mr. Lindley stated that he had explained his request to neighbors who had questioned the reason for the variance sign that had been posted. Commissioner Brannen moved seconded by Commissioner Gray to grant a rear yard setback variance of 9 feet at 1104 Latigo Trail. MOTION CARRIED. Chairman Young closed the public hearing at approximately 6:44 p.m. b. Accessory building variance at 2006 Steeplechase Drive Chairman Young opened the public hearing at approximately 6:44 p.m. Chairman Young verified with Petitioner Gilbert Moser that the proposed construction would be a free-standing type of storage building. City Planner McCulley noted that the petitioner can meet the rear yard requirement but cannot meet the requirement of being 15’ from the main residence. He stated that the proposed construction would be slightly over 10’. He noted that the separation requirement has not been strictly enforced in the past, explaining that it is more of a fire regulation. He explained that being an older code it may have been directed toward separated garages where chemicals or lawn mowers with gas were being stored. He stated that he would like to further investigate the code with the Fire Marshall, noting that homes are commonly constructed 10’ apart. Commissioner Perry clarified that the building is on site, Mr. Moser answered that the building has been in place for approximately one month. He then explained that he was unaware of the need to acquire a building permit until his neighbor informed him to contact the City. He explained that he had already poured the slab when he talked with his neighbor. He related that when he contacted the City he found out that the slab was too close, according to Code, to the main residence. Commissioner Gray moved, seconded by Commissioner Perry to grant a variance from Code regarding the placement of an accessory building at 2006 Steeplechase Drive. MOTION CARRIED. Chairman Young closed the public hearing at approximately 6:48 p.m. BOARD OF ADJUSTMENT REGULAR MEETING May 11, 2009 ADJOURNMENT: Without objection, Chairman Young adjourned the meeting at approximately 6:49 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Chad Young CITY CLERK – TREASURER