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18 APR 09 A G E N D A BOARD OF ADJUSTMENT APRIL 9, 2018 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 December 11, 2017 1-4 3. VARIANCE REQUEST(S): Maximum Square Footage Variance for an accessory building 12 Red Fox Lane Petitioner: Lencoler Smith 5-11 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: April 9, 2018 6:30 p.m. – 6:45 p.m. ATTENDANCE: Commissioners: Brannen, Mashburn, Brittenum, Twitty, and Chairman Healey were present. City Attorney Bamburg was also present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Healey declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Mashburn to approve the regularly scheduled meeting minutes of December 11, 2017. MOTION CARRIED. VARIANCE(S): Maximum square footage Variance 12 Red Fox Lane Chairman Healey opened the public hearing at approximately 6:31 p.m. Petitioner Lencoler Smith III related that he is requesting permission based on size. Councilman Mashburn noted that the bill of assurance for Red Fox Lane states “no trailer, mobile home, manufactured home, tents, shack, garage, barn or other outbuilding, other than a guesthouse, servants quarters, and/or storage building that would complement the home, shall be erected on a building site covered by these covenants at anytime, is to be used for human habitation, temporarily or permanently. Nor shall any structure of a temporary character be used for human habitation”. She then related that she understands the building will be erected on concrete, adding that her concern is that it is a metal storage building and this property is in a subdivision. She then questioned if a metal building would be complementary to the rock/brick construction of the house. Mr. Smith stated that he and his neighbor are the only two houses in the Subdivision, saying that the way he and his neighbor interpreted it is that as long it matches the color of house or something to that effect it did not have to be made of the same material. He stated that the bill of assurance is kind of vague, so that was our interpretation. Councilman Mashburn clarified with Mr. Smith that he is not offering an amendment to the bill of assurance but is just requesting a variance. Mr. Smith stated that he was not sure that he would need an amendment. City Attorney Bamburg stated that as a note for the record, the Board of Adjustment does not enforce the terms of the bill of assurance, he added that the only thing that the Board needs to address from this standpoint is the size factor. Commissioner Twitty stated that he concurs with Councilman Mashburn, saying that he understands that the City does not enforce the bill of assurance, adding that his concern is not so much the square footage being exceeding but his concern is as Councilman Mashburn mentioned, that it is a metal building. He went on to say that he does not have anything against a metal 1 BOARD OF ADJUSTMENT REGULAR MEETING April 9, 2018 continued: building but in certain areas it may not be compatible with the bill of assurance. He then questioned if Mr. Smith had checked with other neighbors in the area, noting that it could present a later legal issue regarding the covenants of the bill of assurance. He mentioned that the bill of assurance is slightly vague when it states that building has to compliment the home. He stated that Mr. Smith’s house is a beautiful brick home and he is not sure a metal building would compliment his home. Mr. Smith replied that a metal building is the quickest way to be the most efficient at the time. He added that eventually, if he needs to, he would probably do brick in time. He stated that he spoke with City Clerk Davitt who pointed out that his home and his neighbor’s home are the only two homes in the Subdivision. He stated that his neighbor wanted to come to the meeting tonight but was not able to show up. Chairman Healey stated that City Attorney Bamburg has pointed out that the Board of Adjustment is not responsible for the bill of assurance, saying that the variance is strictly for the building size. He went on to say that it is the Board’s responsibility to see that the requested variance is addressed and anything other than that would be the responsibility of the HOA. Commissioner Twitty questioned what the purpose of the bill of assurance would be. Chairman Healey stated that it is exactly for the variance regarding size, pointing out that the City code only allows a maximum of 650 square feet. He stated that the Board needs to determine that it does not exceed the height of the home and to make sure the City has an easement. Commission Brittenum confirmed that he is asking for a storage building that is 792 square feet. Mr. Smith stated that he researched his area and there are other metal storage buildings, which are probably over 1,000 square feet. He stated that he would like a minimum of 790 would downsize if he needed to. He added that he would like to have a building for his cars so they would not be visible from the street, which is part of the purpose of the building besides storage. In response to a question from Councilman Mashburn, Mr. Smith stated that his workshop would be for his “hot-rods” for drag racing. Councilman Mashburn then asked Mr. Smith if any of the surrounding neighbors have metal buildings. Mr. Smith stated that no one else on the street has a metal building but his neighbor has related to him he wants to get a metal building. He then related that his neighbor across the street has a building that is constructed of the same material as their home. 2 BOARD OF ADJUSTMENT REGULAR MEETING April 9, 2018 continued: City Attorney Bamburg stated that he would represent the City in the absence of a City Engineer. He stated that the provision and request submitted by Mr. Smith is for a size variance. He added that Mr. Smith is requesting approval for 792 square feet and the City ordinance provides for 650 square feet. He related that Mr. Smith has demonstrated by plat that he is more than the appropriate distance away from his back lot line, as well as the side yard lot line. He reiterated that because the City does not enforce bills of assurance that would not be a factor for the Board of Adjustment to consider. He added that given Mr. Smith has a very small subdivision of only two residents, he could address the bill of assurance easily by getting signatures from the other parties and making sure that he covered for the record but that is not something that the Board of Adjustment has to worry about. He stated that the only concern for the Board of Adjustment is the 142 square foot requested variance. He then confirmed with Mr. Smith that he is planning to provide electricity to the building, questioning if there would also be plumbing. Mr. Smith stated that he had contemplated having water in the building but for sure there would be electricity, adding that he is not 100% sure regarding water but doesn’t think he will have running water to the building. He then clarified that he would not be equipping the building with a restroom, unless it is something that he needs to do. City Attorney Bamburg stated that if he equips the building with a restroom it would bring up other issues, adding that his answer was more than appropriate and safer for Mr. Smith as well as the Board. Chairman Healey closed the public hearing at approximately 6:44 p.m. Commissioner Brannen moved, seconded by Brittenum to approve maximum square footage variance to 792 square feet as requested. MOTION CARRIED. ADJOURNMENT: Without objection, Chairman Healey adjourned the meeting at approximately 6:45 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Rick White CITY CLERK – TREASURER 3