15 OCT 12
A G E N D A
BOARD OF ADJUSTMENT
OCTOBER 12, 2015
6:30 P.M.
CITY HALL
CITY COUNCIL CHAMBERS
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting of
August 10, 2015 1-3
Special Scheduled Meeting of
August 17, 2015 4-5
3. VARIANCE REQUEST(S): Building Setback Variance
1509 Keaton Street
Petitioner: Brian Smith 6-11
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: October 12, 2015 6:30 p.m. – 6:39 p.m.
ATTENDANCE: Commissioners: Vergil Healey, Art Brannen,
Scott Scholl, Alderman Howard and Chairman Rick White were present. City Attorney Bamburg and City Engineer Whisker were also present.
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City Clerk Susan Davitt recorded those listed above in attendance and Chairman Rick White declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Howard moved, seconded by Commissioner Healey to approve the regularly scheduled meeting minutes of August 10, 2015 and the Special Scheduled meeting minutes of August 17, 2015.
MOTION CARRIED.
VARIANCE(S): 1509 Keaton Street Building Setback Variance
Chairman White opened the public hearing at approximately 6:31 p.m.
Petitioner Brian Smith explained that he had a two-car aluminum carport installed over his existing driveway. He stated that he was unaware that he needed a permit from the City to
have the carport installed, noting that there are at least five other residences on his Street that have the same type of structures. He added that the other structures seem to have
been there for some time. He then explained that he had the carport installed to keep his wife out of the snow and rain, as well as protect his vehicles. He related that the carport
is of quality construction and is anchored to the concrete. He asked the Board for permission to keep the structure.
Chairman White noted that the petitioner has submitted photographs of the other structures on Keaton Street. It was then noted that a photograph of his own structure was not submitted
but City Engineer Whisker offered PowerPoint photographs of the property currently.
City Engineer Whisker concurred that Mr. Smith was not aware that he was supposed to obtain a building permit before having the structure installed. He explained that the carport was
placed in the front yard setback, noting the various angles that the photographs were taken because Mr. Smith’s property is on the corner of Sharp and Keaton Streets. He then demonstrated
in photographs another carport on the Smith property off the side of the house as well as an accessory building to the rear side of the property that is larger than the minimum of 650
square feet, noting that both structures were there prior to Mr. Smith owning the property. He then addressed the circumstance of the other carports on Keaton Street, explaining that
there were preexisting to his time as becoming City Engineer. He stated that typically the City will not allow breaking the front yard setback, but noted that since Mr. Smith has a
corner lot he could put the structure to the rear of the residence if necessary. He added that he had discussed this option with Mrs. Smith when he visited the residence. He stated
that the Mr. and Mrs. Smith wanted to keep the structure where it is and seek a variance from the Board.
City Engineer Whisker then explained that it is not typically to allow construction to the front of the front yard setback. He stated that the
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: October 12, 2015 6:30 p.m. – 6:39 p.m.
carport itself is fine but it is the fact that it is in front of the building line setback. He explained to Mr. Smith that it would not require a variance to issue a building permit
for the area behind the house and fence area.
With no one to speak in favor or opposition, Chairman White closed the public hearing at approximately 6:36 p.m.
Commissioner Brannen moved seconded by Alderman Howard to deny the request regarding a setback variance at 1509 Keaton Street as requested.
Alderman Howard stated that he does not like the fact that this was constructed six months ago and is only now coming before the Board of Adjustment. He stated that he went to the property
and believes that a structure this large in front of the home takes away from the appearance of the house. He related that the Keaton Addition was developed in the 70’s and while it
is not one of the newer City subdivisions, he believes being on the corner lot makes this property more visible and it would look better if the carport were not over the front building
line, adding that there are other options to retain the carport and not have it over the front yard setback.
At this time, MOTION CARRIED with Commissioner Healey voting NAY.
ADJOURNMENT:
Without objection, Chairman White adjourned the meeting at approximately 6:39 p.m. MOTION CARRIED.
Respectfully,
___________________________ _____________________________
Susan L. Davitt CHAIRMAN Rick White
CITY CLERK – TREASURER