Loading...
13 AUG 12 A G E N D A BOARD OF ADJUSTMENT AUGUST 12, 2013 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting of June 13, 2013 1-9 3. VARIANCE REQUEST(S): a. Building line setback variance 1017 Ray Road Petitioner: Mt. Pisgah Baptist Church 10 (site plan included in packet) b. Front and Rear Yard setback variances 634 Stevenson Street Petitioner: Penny Fogle 11-13 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: August 12, 2013 6:30 p.m. – 6:57 p.m. ATTENDANCE: Commissioners: Alderman Howard, Rick White and Chairman Ott were present. City Attorney Bamburg and City Engineer Whisker 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 White to approve the minutes of the regularly scheduled Board of Adjustment meeting of June 10, 2013 as presented. MOTION CARRIED with Chairman Ott voting AYE. DEVIATION IN AGENDA: Update from Code Enforcement regarding 144 North Avenue and 305 North Oak Code Enforcement Officer Charley Jenkins reported that there has been no discernible improvement or activity at 144 North Avenue. He continued saying that there has been no change, pointing out that he has been by the property daily in the last 45 days. He stated that his recommendation would be to proceed with condemnation. City Attorney Bamburg related that he was contacted by an attorney on behalf of the owner of 144 North Avenue, Mr. Jack Krepps. He explained that attorney John Ogles has requested an extension on behalf of Mr. Krepps, relating that he informed Mr. Ogles that the only way an extension could be granted would be if the request were brought back before the Board of Adjustment. He confirmed with City Clerk Davitt that such request had been made. Chairman Ott related that he had been by the property over the weekend and had noted that there had been no work done to the outside of the property, adding that he does not believe anything has been done about the damage to the roof. Code Enforcement Officer Charley Jenkins stated that he had been by the property at 305 North Oak this morning, saying that the owner has done quite a bit of cosmetic improvements. He added that he has spoken with Building Inspector Manny Browder, explaining that Mrs. Nunn re-shingled the roof over old shingles. He went on to explain that Inspector Browder is requesting that the inside of the roof be shored up to handle the weight of 3 layers of shingles. He then related that Mr. Browder informed him that it has been three weeks and he has not heard from Mrs. Nunn. He stated that his recommendation would be to make contact with Mrs. Nunn to determine the full extent of progress. He then added that if there has not been any further progress he would recommend proceeding with condemnation of this property. City Attorney Bamburg advised the Board that both extensions expired as th of July 25, explaining that unless further action is taken by the Board 1 no extension are granted. BOARD OF ADJUSTMENT REGULAR MEETING August 12, 2013 continued: It was the consensus of the Board of Adjustment to take no further formal action at this time. VARIANCE(S): a. Building line setback variance 1017 Ray Road Chairman Ott opened the public hearing at approximately 6:38 p.m. Craig Collier, Pastor of Mt. Pisgah Baptist Church represented the item of business. He explained that over the past 13 years they have outgrown their current facility. He stated that they are proposing to construct a new building that will house their administrative wing and new sanctuary. He related that they are requesting a 10’ variance so that the buildings will stand uniformly with each other. He stated that the Church has been located at this site for over 100 years, adding that this Church has brought a lot to the community and they are striving to improve the aesthetics of their location. He stated that they provide a place of worship to make a difference in the community through their ministry. Chairman Ott closed the public hearing at approximately 6:40 p.m. City Engineer Whisker concurred that Mt. Pisgah has been in the community for a long time. He then explained that the present Church is closer to the road than is allowable, adding that they are propping to construct off the same building line and keep the Church going in the same direction to the east. He noted that Mt. Pisgah owns all the land to the right, noting that the street is curved. He then answered that technically the setback is on the side, pointing out that the property is unplatted. Pastor Collier then answered Alderman Howard that the new building would face in the same direction as the present facility. In response to a question from Commissioner White, City Engineer Whisker answered that the newly constructed building would not be encroaching on the pipeline. He then related that they are proposing to have parking on the east side of the newly constructed building. He then stated that setbacks on Ray Road would not be a problem. Commissioner White moved, seconded by Alderman Howard to approve the 10’ setback variance at 1017 Ray Road as requested. MOTION CARRIED. b. Front and Rear Yard Setback Variances 634 Stevenson Street Chairman Ott opened the public hearing at approximately 6.43 p.m. Homeowner Penny Fogle requested a front yard variance regarding the installation of a storm shelter. She explained that there is a pipeline that runs across her back yard. She then informed the Board that City Engineer Whisker had been to her property and told her that she would not be able to put anything underground because of the pipeline. She went on 2 BOARD OF ADJUSTMENT REGULAR MEETING August 12, 2013 continued: to say that City Engineer Whisker then suggested an area that is located between the house and a storage building. She stated that there is a utility line in that area and she would not feel comfortable with having a live wire that could fall on the door preventing her access to the storm shelter. She explained that for this reason she is requesting a variance to have the storm shelter buried in the front yard. She then referenced a letter from the Kuykendall Cement Company that states they could not get their equipment into the back yard. She then added that the Company did not want to drive their heavy equipment over the pipeline. Ms. Valerie Turner, a neighbor who lives on King Street, spoke on behalf of the request. Ms. Jean Williams of 501 Stevenson Street also spoke in support of the request, adding that Ms. Fogle has told her that since she lives alone, she is welcome to use the storm shelter in case of a storm. She stated that moving here from the east coast she was shocked that basements are not building in this area given the number of tornados. Chairman Ott closed the public hearing at approximately 6:49 p.m. City Engineer Whisker related that he spoke very specifically with Ms. Fogle, explaining that they discussed the pipeline easement and areas of location for the shelter. He then pointed out other areas that are acceptable in the rear yard to locate the shelter. He stated that part of the problem was that Ms. Fogle had plans for expansion of the house in other areas. He related that he explained to Ms. Fogle that typically variances are not granted for the front yard for any construction that would encroach on the front building line. He stated that the City would be agreeable to let Ms. Fogle access any area in her rear yard from the Park and across the pipeline. Ms. Turner noted that there is a front yard shelter on Gregory Street. City Engineer Whisker acknowledged that shelter, saying that it happened prior to his tenure and he is not certain if a variance was granted for that structure. Alderman Howard noted that a resident did not have to seek a variance back when that shelter was installed because of how long ago it was. Ms. Williams pointed out that there is another underground structure on Stanphill going towards Military Road. She stated that she believes it is also a shelter. City Engineer Whisker concurred, saying that it is the same type of circumstance as the one on Gregory Street. He surmised that it has probably been there since the 70’s. 3 BOARD OF ADJUSTMENT REGULAR MEETING August 12, 2013 continued: Chairman Ott stated that both shelters were installed prior to the requirement for a variance regarding front yard setbacks. Alderman Howard pointed out that there is a safe room at the Senior Center located on Victory Circle, which is open to the public. He then added that there is also one located at the new Public Safety Building on Marshall Road. He stated that he does not support having structures that encroach into the front yard setbacks. Discussion ensued regarding the size of the safe room at the Senior Center. City Engineer Whisker assured Ms. Williams that the room is large, noting that it is approximately 20’ X 22’. In response to a question from Chairman Ott, City Engineer Whisker stated that heavy equipment has been driven over the pipeline before so he does not feel there is that concern. He went on to say that this access to back yard would not be a problem for the City. Ms. Fogle offered that she did plan to landscape around the shelter to make it more attractive. She stated that it would not be an eyesore to the neighborhood, saying that she has lived in the neighborhood for 27 years. She stated that she does not feel the safe room at the Senior Center would be her best option given that her two neighbors do not have transportation. Commissioner White stated that while he understands safety is foremost in the discussion, his motion will be to deny. He pointed out that it goes against City ordinance as well as the bill of assurance for the Subdivision. He then added that he feels other neighbors would be upset over granting this type of front yard variance. Commissioner White moved to deny the request for a front yard variance at 634 Stevenson Street for the installation of a storm shelter. Ms. Fogle stated that no one in her neighborhood who saw the sign took the initiative to find out what the variance was about. She stated that she does not understand why they would be upset when they had ample time to call and find out what the variance was. Alderman Howard seconded the motion. MOTION CARRIED with Chairman Ott voting AYE. It was clarified that her request for a deck around an above ground pool in the back yard would not be a variance issue as long as it is located on any of the easement area. Chairman Ott noted that the entire backyard would need to be fenced as part of the regulations for a residential pool. 4 BOARD OF ADJUSTMENT REGULAR MEETING August 12, 2013 continued: Alderman Howard offered that any drainage of the pool would not be allowed to cross anyone else’s property. ADJOURNMENT: Without objection, Chairman Ott adjourned the meeting at approximately 6:57 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Joe Ott CITY CLERK – TREASURER 5