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19 MAR 11 A G E N D A BOARD OF ADJUSTMENT MARCH 11, 2019 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 February 11, 2018 1-4 3. VARIANCE REQUEST(S): a. Dimensional Variances for height, lot width, and side yard setbacks 1234 Church Street Petitioner: Vernon Washington Representative: Steven Williams 5-13 b. Rear yard setback variance 9 Oakridge Drive Petitioner: John P. Heckman 14-15 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 11, 2019 6:30 p.m. – 7:00 p.m. ATTENDANCE: Commissioners: Twitty, Mashburn, Ruple and Chairman Brittenum were present. City Attorney Friedman was also present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Brittenum declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Mashburn moved, seconded by Commissioner Twitty to approve the regularly scheduled meeting minutes of February 11, 2018. MOTION CARRIED. VARIANCE(S): a. Dimensional Variance for height, lot width, and side yard setbacks at 1234 Church Street Chairman Brittenum opened the public hearing at approximately 6:34 p.m. Petitioner Vernon Washington’s contractor, Steven Williams addressed the Board, explaining that the lot is 50’ wide and the proposed building is 40’ wide. He then noted that the lot is extra deep, consisting of approximately 15,000 square feet. He stated that they are seeking a side yard variance from 8’ to 5’ because of the narrowness of the lot. He then related that the Code allows for 2.5 stories in height and they are proposing to have 3 stories with a garage being the bottom level. He also noted that the maximum height is 35’ but the completed height for the three stories will be approximately 34’ because it is going to have a low pitched roof. Councilman Mashburn noted that the lot size for R-2 is 60’ and the lot is only 50’. It was noted that the side yard variances would be 3’ each and further noted that all utility easements are to the front of the property. In response to a question from Chairman Brittenum, Mr. Williams replied that each side of the duplex is only 20’ wide with the bottom level being a garage and stairway to the living quarters, making it too difficult to bring the stories back to 2.5 stories in height. He pointed out that even with 3 stories, they are still under the maximum height allowance of 35’. City Clerk Davitt clarified that the Planning Commission would be the appropriate entity to address the rezoning of R-1A to R-2 with consideration for the lot size being a factor. Chairman Brittenum closed the public hearing at approximately 6:41 p.m. A brief discussion ensued regarding the number of variances and the further waivers needed regarding a rezoning request before the Planning Commission. Councilman Mashburn stated that the request for so many variances, plus a rezoning request makes it difficult to approve as requested. She then asked the developer is there is any way to adjust the plan and bring it closer to conformity. Mr. Williams stated that there is no way to adjust the current proposal as submitted. 1 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 11, 2019 6:30 p.m. – 7:00 p.m. Councilman Mashburn cautioned the Board about setting a precedent of this magnitude. Councilman Mashburn moved, seconded by Commissioner Ruple to deny the request as presented. MOTION CARRIED. b. Rear Yard Setback variance at 9 Oakridge Drive Petitioner John Heckman related that his now deceased wife had been his caregiver when he was bedridden. He then explained that he is concerned about being home alone if he should become bedridden again. He introduced his son, John and wife, Tonya, as well as two neighbors who attended for support. He explained that John and Tonya offered to move in with him and he is grateful. He explained that their moving in and bringing their belongings have made the situation really tight with boxes being piled up in various areas of the house. He stated that they need this room extended so that they can get more organized, explaining that he has moved out of the master bedroom and needs his own space. He presented six letters of support from several neighbors, including one from the neighbor behind his house, Mr. Ryan Davidson of 8 Tara Ridge Cove. He pointed out that the diagram he submitted shows the proposed construction extending out 32’ and he would like to amend that to 35’. He explained that he has a desk that he would like to have room for without having to cut the desk in half. Councilman Mashburn pointed that if he increased the footage the extension would then go over the easement. Public Works Director Jim Oakley questioned if the owners have checked their Bill of Assurance. It was noted that since the Subdivision is older than 35 years the Bill of Assurance has most likely expired unless the developer refiled the Bill of Assurance with the County. In response to a question from Commissioner Ruple, Mr. Williams answered that aside from the proposed room addition, they are proposing to build a screened in room with a deck off that. Mr. Williams then related the need for additional space to accommodate a desk that is four-foot-wide and a desk chair, as well as the wiring behind the desk. City Attorney Friedman related that even if the Board were to grant a variance, Mr. Williams would still be legally bound to meet the requirements of his Bill of Assurance. It was noted that the rear yard setback is 25’ and the proposed building is angled such that the furthest end of the building would be 11.5’ from the property line and the closest would be 8’ with a 5’ rear yard easement. Discussion regarding the Bill of Assurance and the ramifications of legal actions if the Bill of Assurance is violated. 2 MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: March 11, 2019 6:30 p.m. – 7:00 p.m. Mr. William was advised to check with his Bill of Assurance on file at the County Clerk’s Officer before proceeding with a variance. Councilman Mashburn moved, seconded by Commissioner Ruple to table the variance request for 9 Oakridge Drive, offering Mr. Williams an opportunity to check his Bill of Assurance. MOTION CARRIED. ADJOURNMENT: Without objection, Chairman Brittenum adjourned the meeting at approximately 7:00 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Vivian Brittenum CITY CLERK – TREASURER 3