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.
______________________________________________________________________
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
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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
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