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21 NOV 8 A G E N D A BOARD OF ADJUSTMENT NOVEMBER 8, 2021 5:45 P.M. CITY HALL CITY COUNCIL CHAMBERS 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: 3. VARIANCE REQUEST(S): a. Side Yard Setback Lots 13RF & 15RF Loop Acres PH II Petitioner: Arkansas Homes & Rentals Representative: Bond Engineering 1 (variance sketch included in packet) b. Side Yard Setback Lots 20 & 26 Jaxon Terrace PH 15 Petitioner: Dickie Jones Representative: Bond Engineering 2 (variance sketch included in packet) c. Side Yard Setback Lots 1, 7, & 17 Jaxon Terrace PH 16 Petitioner: Dickie Jones Representative: Bond Engineering 3 (variance sketch included in packet) d. Accessory Building Square Footage Variance 2400 Hunters Chase Court Petitioner: Michael Sullivan 4-6 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: November 8, 2021 5:45 p.m. – 6:07 p.m. ATTENDANCE: Commissioners: Dietz, Ruple, Montgomery, Twitty and Chairman Brown were present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Brown declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: VARIANCE(S): a. Side Yard Setback Lots 13RF & 15RF Loop Acres PH II Chairman Brown opened the public hearing at approximately 5:45 p.m. Representative Aaron Robinson with Bond Engineering stated they presented the replat to the Planning Commission last month, noting there is a subdivision being proposed behind Loop Acres. He explained the City requested another access, other than Northeastern or Jessica, so the developers purchased the remaining undeveloped lots adjacent to the existing Loop Acres Subdivision and dedicated one lot for a street right-of-way, but in doing that, they need a setback variance on a corner lot that abuts two streets. He noted that the Code is 25’ and, since their lots are 50’, they are requesting the side setback to be 15’, which would fit the proposed housing. Commissioner Montgomery questioned if it would be 15’ on the side or in front. Mr. Robinson clarified it would be 15’ on the side and 35’ or 40’ on the front in order to better match the existing homes in the area, even though only 25’ is required for a front yard setback. Council Member Dietz pointed out it should look fine because of how the lots come in on Loop Acres and it is not like they are setting a precedent because it makes it very accessible with the new entrance. Public Works Director Jim Oakley noted the front setback is good and matches the rest of the existing homes. Engineering Tech Mylissa Griggs clarified Loop Road Acres is a 25’ build line platted, but the houses are set back beyond that, so they increased the front building line in order to keep it more in line with the existing houses. Public Works Director Jim Oakley stated the front build line is not a question, it is the variance on the side that is tight for people passing, kids playing on the side of the house, or fences that may be built. He pointed out that entrance will be used a lot more than others since it gets traffic back to the freeway quicker than the other ingress/egress roads. Mr. Robinson assured Chairman Brown the houses will face the front towards Loop Road. Chairman Brown closed the public hearing at approximately 5:51 p.m. 1 BOARD OF ADJUSTMENT REGULAR MEETING November 8, 2021 5:45 p.m. – 6:07 p.m. Commissioner Montgomery moved, seconded by Council Member Dietz to approve the side yard setback variances for Lots 13RF & 15RF of Loops Acres PH II. MOTION CARRIED. b. Side Yard Setback Lots 20 & 26 Jaxon Terrace PH 15 Chairman Brown opened the public hearing at approximately 5:52 p.m. Representative Aaron Robinson of Bond Engineering stated this is the phase they are currently building houses on in Jaxon Terrace, explaining these two lots are where the cul-de-sac is near the manmade lake. He then explained the builders are trying to build homes that are 50’ to 52’ wide, noting that the houses will fit in with the correct setbacks, but it does not give them any room for error. He shared that the builder would prefer a 15’ setback so they have more room to put a bigger house there and have a bigger gate on one side. Responding to a question from Commissioner Ruple, Mr. Robinson affirmed the houses will be facing the road, explaining that part of the requirement is they will not have a side-loading garage, but the driveway will come off of the 25’ frontage as to not encourage cars to park in the street. Council Member Dietz pointed out most of the houses they are building there are bigger than the 1600 square feet they started out doing, now trending at 1800 to 1950 square feet, and that requires more space. Mr. Robinson agreed, saying Phase 14-A had minimum square feet of 1600 and Phases 15 & 16 are a minimum of 1800 square feet, but most everyone is building 1900 square feet plus. Council Member Dietz related as a result the houses are more upscale and look better, noting the residents do not seem to mind not having as much yard. Mr. Robinson stated there are four lots in that cul-de-sac and there is not the thru-traffic as much. Responding to a question from Chairman Brown, Engineering Tech Mylissa Griggs answered that the houses will always have to face towards the front section. Chairman Brown closed the public hearing at approximately 5:57 p.m. Commissioner Ruple moved, seconded by Council Member Dietz to approve the 15’ side yard setback variances for Lots 20 & 26 of Jaxon Terrace PH 15. MOTION CARRIED. c. Side Yard Setback Lots 1, 7, & 17 Jaxon Terrace PH 16 Chairman Brown opened the public hearing at approximately 5:57 p.m. Representative Aaron Robinson stated this is the last phase and these are also cul-de-sac lots. He explained the preliminary plat is also on tonight’s agenda and they are also requesting a 15’ setback. 2 BOARD OF ADJUSTMENT REGULAR MEETING November 8, 2021 5:45 p.m. – 6:07 p.m. Public Works Director Jim Oakley offered that when designing the subdivisions, there could be thought to making the design meet the required setbacks. Chairman Brown closed the public hearing at approximately 5:59 p.m. Commissioner Montgomery moved, seconded by Commissioner Ruple to approve the 15’ side yard setback variances for Lots 1, 7, & 17 of Jaxon Terrace PH 16. MOTION CARRIED. d. Accessory Building Square Footage Variance at 2400 Hunters Chase Court Chairman Brown opened the public hearing at approximately 6:00 p.m. Petitioner Michael Sullivan stated he is building a stand-alone, two-car garage/pool house that is approximately 1700 square feet. He noted the exterior and roof line will exactly match the home’s current exterior. He pointed out that his lot is 380’ across the frontage. Discussion ensued between the Commissioners and it was confirmed that this property is in Foxwood Estates, where the lots are approximately 5 acres or more. City Attorney Friedman explained to Mr. Sullivan that if his variance is approved, he would also have to obtain approval with his HOA. Mr. Sullivan assured the Commission he has already received approval and confirmed that Foxwood Estates has a separate HOA from Foxwood Subdivision. Commissioner Montgomery pointed out that Mr. Sullivan is requesting almost three times the 650 maximum square footage allowed. Council Member Dietz noted Foxwood Estates has 5-acre lots, while Engineering Tech Mylissa Griggs agreed that he easily meets setbacks. Mr. Sullivan noted this would still be as much as 150’ away from the property line. Public Works Director Jim Oakley confirmed Foxwood Estates has massive yards and the building would not be out of proportion. Engineering Tech Mylissa Griggs stated there are several other homes in the Subdivision that have variances for oversized accessory buildings, pointing out Mr. Sullivan’s variance would conform with those who have already come before the Board of Adjustment for the same variance. She related when Mr. Sullivan came for his building permit, they instructed him that he would need to seek a variance. Responding to a question from Commissioner Montgomery, Mr. Sullivan confirmed he is the owner of the property, not the builder. 3 BOARD OF ADJUSTMENT REGULAR MEETING November 8, 2021 5:45 p.m. – 6:07 p.m. Discussion ensued between Commissioners with some agreeing that since it is a gated community with 4 to 5 acre lots, they do not foresee any issue with the request. Responding to a comment from Commissioner Montgomery, Mr. Sullivan replied that there are two homes currently under construction. Chairman Brown closed the public hearing at approximately 6:06 p.m. Commissioner Montgomery moved, seconded by Commissioner Ruple to approve the 1620 square foot accessory building for 2400 Hunters Chase Court. MOTION CARRIED. ADJOURNMENT: Without objection, Chairman Brown adjourned the meeting at approximately 6:07 p.m. MOTION CARRIED. Respectfully, ___________________________ ______________________________ Susan L. Davitt CHAIRMAN Dan Brown CITY CLERK – TREASURER 4