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12 AUG 13 A G E N D A BOARD OF ADJUSTMENT AUGUST 13, 2012 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Special Called Meeting of July 9, 2012 1-3 3. VARIANCE REQUEST(S): a. Rear Yard Setback Variance 119 Redwing Road Petitioner: Donny Head Construction 4-8 b. Maximum square footage variance accessory building 408 Cypress Court Petitioner: Bryan Clayton 9-10 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: August 13, 2012 6:32 p.m. – 7:13 p.m. ATTENDANCE: Commissioners: Alderman Howard, Jim Moore, Jim Peacock, Jr., Leroy Akridge and Chairman Ott were present. City Engineer Whisker and City Attorney Bamburg were present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Ott declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Commissioner Akridge to approve the minutes of the regularly scheduled Board of Adjustment meeting of July 9, 2012 as presented. MOTION CARRIED. VARIANCE(S): a. REAR YARD SETBACK VARIANCE 119 Redwing Road Petitioners for 119 Redwing Road were not present at 6:32 p.m.; Chairman Ott opted to move to item b. b. ACCESSORY BUILDING MAXIMUM SQUARE FOOTAGE VARIANCE at 408 Cypress Court Chairman Ott opened the public hearing at approximately 6:33 p.m. Property owner, Mr. Bryan Clayton stated that his plans are to construct a garage in the backyard. He explained that he has just retired and is planning to assemble a 1965 Cobra kit car. Chairman Ott noted that the home has a “For Sale” sign in the front yard; Mr. Clayton stated that he is selling the home but still wants to build the garage in the backyard. He clarified that the house has been on the market, on and off, for approximately 2 years in the last 4 years. He stated that part of that time the house was rented, adding that there were plans to sell the house but there were damage repairs from renting. He added that the repairs were made and the house was put back on the market with no luck, so now the house is for sale by owner. He related that he originally built the home as a retirement home so if it does not sell that would not be a problem. Commissioner Moore questioned if a building this large would be needed to assembly the retirement gift car, noting that the size of the building is almost equal to a four-car garage. Mr. Clayton stated that he does not believe the building is as big as a four-car garage but more of a two-car garage. He stated that the project would need one donor car and room for then the kit car. He noted that the building is projected to be 24’ wide. He then answered that he has no plans to construct other vehicles beside this one but then retracted his answer, saying that he may build more than one. Alderman Howard stated that it could be a problem to do that consistently 1 in a residential neighborhood. BOARD OF ADJUSTMENT REGULAR MEETING August 13, 2012 6:32 p.m. – 7:13 p.m. In response to a question from Commissioner Peacock, Mr. Clayton noted that he has a rendering of the building’s design. He added that the bill of assurance for the Subdivision would also apply to any aesthetic considerations. He stated that the building would have a brick front to match the house. City Engineer Whisker then assured Chairman Ott that the proposed site plan does not interfere with any easements and the setback of 7’ for both property lines would be acceptable. Mr. Clayton stated that the bill of assurance requires a 5’ setback. Mr. Dwayne Taylor, one of the adjacent neighbors, stated that he does not object to Mr. Clayton constructing a building but feels that the size is too large and that it may affect his property values. The property owner of 412 Cypress Court stated that her house is a corner house close to this property and she feels this will hinder the property values, adding that she has been give authority to speak for another property owner, Mr. Ken Mark. She explained that Mr. Mark’s rear yard is adjacent to this property; she produced a letter of objection from Mr. Mark, noting that Mr. Mark is currently out of town. (The letter of objection is on file in the office of the City Clerk) She continued saying that Mr. Mark feels that the building would be an eyesore for the neighborhood. Chairman Ott noted that Mr. Mark’s letter brings up the question of the property being for sell. Chairman Ott noted for the record that Mr. Ken Mark is in objection to the variance being granted. It was noted that many neighbors had voiced concern that Mr. Clayton would service vehicles from this garage. Ms. Marcia Taylor stated that she has observed Mr. Clayton working on vehicles other than his own on his property, adding that she is concerned that it will turn into a mechanic garage and cause increased traffic. Mr. Larry Rochelle of 401 Cypress, Mr. Clayton’s neighbor directly across the street, stated that his concern is that the building would “take away from the neighborhood”. He stated that if Mr. Clayton is selling the property and the garage detracts from the neighborhood then it would not be of any concern to Mr. Clayton if he sells. He added that he wants to make sure any construction would enhance the neighborhood. Commissioner Moore stated that he spent 13 years working as an insurance underwriter, and a two-car garage on average is 400 square feet and this is proposed as 768 square feet. He stated that he does not feel that assembling a kit car should take 768 square feet. He then questioned the access being proposed to the garage. Mr. Clayton answered that it would be a concrete drive. 2 BOARD OF ADJUSTMENT REGULAR MEETING August 13, 2012 6:32 p.m. – 7:13 p.m. He then answered Chairman Ott that he has nothing to address given the concerns of his neighbors. He added that he did not know that this was such a big issue for his neighbors, saying that no one had said anything to him until this meeting. Chairman Ott related that the City had received a phone call from another neighbor who had eluded that Mr. Clayton works on other people’s vehicles, and the fear is that this will be conducted as a side business. Mr. Clayton stated that Code Enforcement Officer Shelley had spoken with him approximately one month ago and issued concerns for the vehicles and the pool in the backyard. He stated that after taking with Officer Shelley he understood the rules. He went on to explain that he is in the process of having the home refinanced and the refinancing will include monies for fencing and the shop. He then answered that the fence would be 6’, which is allowable by Code. He then answered Commissioner Peacock that the house is not sold, so there is no contingency for sale pending the construction of the garage. Discussion ensued regarding typical distance for the fencing on the side of houses as to how far the fence can extend to the front of the house. Alderman Howard moved, seconded by Commissioner Moore to deny the request for an accessory building larger than 650 square feet. MOTION CARRIED. Chairman Ott closed the public hearing at approximately 6:57 p.m. a. REAR YARD SETBACK VARIANCE 119 Redwing Road Chairman Ott opened the public hearing at approximately 6:58 p.m. Mr. Donny Head of Donny Head Construction explained that property owner, Mr. William Jaques is proposing to add a master bedroom and bath to the rear of his home. He explained that Mr. Jaques has outgrown the house having several children and now his in-laws have moved in. He noted that the Jaques have taken in several foster children. He added that since the in-laws are elderly constructing a second story is not an option. He stated that the proposed plan was held to a minimum regarding a small bedroom, bath and closet. Mr. Head concurred with Chairman Ott that the addition is approximately 11’ off the back property line. Discussion ensued regarding the placement of the rear fence and the property line. Mr. Head noted that the line is on the other side of the easement and the fence is 11’ to the add-on. City Engineer Whisker stated that he calculated 16’ from property line to 3 addition. BOARD OF ADJUSTMENT REGULAR MEETING August 13, 2012 6:32 p.m. – 7:13 p.m. Mr. Jaques stated that it is his understanding that the easement is across all the neighbor’s backyards, noting that his property line is further back from the easement. He noted that there is a 10’ easement between properties and the fence was actually built closer in on their yard to take that into account. Mr. Head reiterated that the fence is closer to the add-on since it is not directly on the property line so the 16’ is probably more accurate than his 11’ estimation. He then explained that the existing accessory building was moved from one side of the yard to the other corner. City Engineer Whisker noted that the survey shows the fence to be on the property line with a 5’ easement inside the fence. Further discussion ensued as to the placement of the home regarding the easement and the rear property line. Commissioner Moore questioned if there were any consideration for adjusting the addition, Mr. Jaques stated that there was but that would only leave just the door out of the living room with no other source of light. Mr. Head stated that he had visited with most of Mr. Jaques’ neighbors to inform them of the proposed plans for the addition and submitted to the Board the names and signatures of those neighbors who did not oppose the plans. It was noted that the submitted page did not contain any proposed intent or formal signatures to ensure the neighbors did not object to the addition as proposed. Chairman Ott noted that while the existing neighbors may not have opposed the construction, the neighborhood is very transitional and future buyers may not feel the same way. Mr. Jaques stated that he had his house on the market for 15 months but was unable to sell. He explained that there are five children, his brother, as well as his mom and dad living in the house currently along with him and his wife. He noted that they had transformed the dining room into a bedroom and were hoping to be able to add-on so that the house would be more livable for them. Mr. Head then explained that there would be a door from the primary house into the addition from the living room. He explained that the proposed addition is 24’ X 20’ and that they would also be taking in a small corner of the existing garage that was setup for storage, to make a detached hallway coming through to the addition. He then added that there would be an access coming in off the patio area. Commissioner Moore questioned if it would still be feasible if 4’ were taken off the 24’ length and shortening the setback variance. 4 BOARD OF ADJUSTMENT REGULAR MEETING August 13, 2012 6:32 p.m. – 7:13 p.m. Mr. Head explained that the master bedroom is 14’ of the 24’ extension and the bathroom and closet is the remaining part of the addition. He stated that you need at least 7 or 8 feet to get a full bathroom. He went on to say that there may be a foot or two available for adjustment but not 4’. Mr. Head then answered City Engineer Whisker that a bedroom would be constructed in the garage for Mr. Jaques’ brother. He continued saying that it would a 3.5’ hallway and a small part of the proposed closet space for the addition would become a small closet for the garage bedroom. Commissioner Moore noted that most bills of assurance do not allow the garage area to be turned into living space for the home. Mr. Head stated that the bedroom would not actually be taking the space where the vehicles are parked but part of the garage storage area. He explained that there is a 10’ X 10’ step up concrete space where the vehicles do not park that would be used for the brother’s bedroom. He went on to say that he is not sure of what the bill of assurance will allow. He then explained that the floor would be raised up to make the floor all the same elevation. In response to question from City Engineer Whisker, Mr. Jaques stated that his property has a letter of map revision regarding the property being in the flood plain. Commissioner Peacock stated that while he is sympathetic to Mr. Jaques’ plight regarding the additional responsibilities for foster children and parental care, he feels he needs to deny the request. Commissioner Peacock moved, seconded by Commissioner Moore to deny the request regarding a rear yard setback variance at 119 Red Wing Road. He suggested that Mr. Jaques research other avenues that might be more feasible. City Attorney Bamburg offered that another possibility would be for the Board to table or continue in a month to allow for revisions to the plan. He noted that this would keep the request from having to be republished regarding presentation of a revised plan. City Engineer Whisker clarified with City Attorney Bamburg that if a proposal is denied there is a one-year waiting period before the same request or any revision of that request can be brought back to the Board. Mr. Jaques asked for input to make a feasible plan that the Board would be more amenable to, noting that he would like to stay in the neighborhood rather than sell his home. 5 BOARD OF ADJUSTMENT REGULAR MEETING August 13, 2012 6:32 p.m. – 7:13 p.m. Chairman Ott stated that the main issue is the encroachment into the rear yard setback leaving a diminished space between this home and the adjacent rear home. He stated that if there is some way to rearrange the addition to reduce the encroachment it could be reconsidered by the Board. He then suggested that the measurement be clarified between the aforementioned 11’ and 16’ difference. Mr. Head stated that the site plan submitted was from the survey when Mr. Jaques purchased the home, but they would be willing to have a new survey conducted to clarify the rear property line and the distance to the home. City Engineer Whisker offered to help with the measurements. Commissioner Peacock offered that the bill of assurance might allow them to enclose the garage and make two bedrooms, pointing out that it might be less expensive than new construction. Commissioner Peacock moved, seconded by Commissioner Moore to amend the motion to table the item of business until the next regularly scheduled Board of Adjustment meeting allowing Mr. Jaques time to revise the proposed plans for an addition. MOTION CARRIED. Chairman Ott closed the public hearing at approximately 7:13 p.m. ADJOURNMENT: Without objection, Chairman Ott adjourned the meeting at approximately 7:13 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Joe Ott CITY CLERK – TREASURER 6