26 APR 13
A G E N D A
BOARD OF ADJUSTMENT
APRIL 13, 2026
6:00 P.M.
CITY HALL
CITY COUNCIL CHAMBERS
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting of
March 9, 2026 1-3
3. VARIANCE REQUEST(S): a. Fence Height Variance
Lot 55, Crooked Creek Subdivision
(3501 Justin Lane)
Petitioner: Billy Weatherly 4-5
b. Fence Height Variance
Lot 7, Oakwood Subdivision
(1708 & 1710 Oakwood Drive)
Petitioner: Robinson Engineering Inc 6
c. Rear Yard Setback Variance
Lot 26, Parkview Subdivision
(1315 Riverwood Drive)
Petitioner: Patricia Frantz 7-8
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: April 13, 2026 6:00 p.m. – 6:25 p.m.
ATTENDANCE: Commissioners: Priest, Walker, Moore, and Chairman Brittenum were present.
______________________________________________________________________
City Clerk Susan Davitt recorded those listed above in attendance and Chairman Brittenum declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Walker moved, seconded by Commissioner Priest to approve the regular meeting minutes of March 9, 2026. MOTION CARRIED.
VARIANCE(S): a. Fence Height Variance Lot 55, Crooked Creek Sub. (3501 Justin Ln.)
The public hearing opened at approximately 6:00 p.m.
Petitioner Billy Weatherly explained that his property backs up to General Samuels Road and the traffic noise gets so bad that he cannot hear anything inside his house. He shared his
need for an 8’ fence since 6’ only comes to the windows, but 8’ would bring it above, creating a buffer.
Engineering Tech Mylissa Griggs confirmed there is a 3’ grade difference from the street to the house, which is one issue confirmed by the City Engineer. She told how the other is that
it is a triple frontage lot with General Samuels Road on the rear, Sheridan Drive on the side, and Justin Lane on the front. She confirmed it was properly advertised and posted and
they received two calls in direct support of the request, and another had no issues with it after having it explained. She pointed out that the City Engineer did see this as a hardship,
but that is for the Board to determine.
Commissioner Priest mentioned he drove by the property and the grading difference is noticeable.
Commissioner Moore brought up a new development nearby that will have dump trucks, etc. driving by often once started.
Engineering Tech Griggs recommended if the variance is approved, that there be a gradual transition to blend the height so they are not sharply going from 6’ to 8’. She added that the
8’ posts must be buried deeper with more cement to ensure sturdiness against winds.
A brief discussion ensued regarding the neighboring house where it was determined they do not have a fence currently, but the gradual height transition can be a condition if they request
a fencing permit in the future.
The public hearing closed at approximately 6:10 p.m.
Commissioner Walker moved, seconded by Commissioner Priest to approve a fence height of 8’ for the south side of Lot 55, Crooked Creek Subdivision (3501 Justin Lane) contingent upon
there being a gradual height transition from the 6’ to 8’ portions and the 8’ posts be buried deeper with additional cement poured. MOTION CARRIED.
b. Fence Height Variance Lot 7, Oakwood Sub. (1708 & 1710 Oakwood Dr.)
BOARD OF ADJUSTMENT REGULAR MEETING
April 13, 2026 6:00 p.m. – 6:25 p.m.
The public hearing opened at approximately 6:10 p.m.
Petitioner Aaron Robinson with Robinson Engineering stated he is building duplexes on Lots 5-7 on Oakwood Drive. He explained that Lot 7 is adjacent to the Oakwood Apartments, which
are two-story and close to the property line. He shared that he wants a minimum of an 8’ wood fence, and if it goes any higher, he would put brick or something sturdier. He told how
there is a lot of foot traffic, trash, people parking there, and how his building has already been broken into. He noted people can jump over a 6’ fence, so he needs it taller for security
and privacy reasons. He related that there is an existing fence in the rear of the property, but it is grown up with vines and that is what is keeping the fence up. He detailed that
there is a mound where the fence will probably be 6’ or 7’ and then taller through the rest. He recalled the City dumping asphalt previously and also replacing the storm drainage 5-6
years ago.
The public hearing closed at approximately 6:16 p.m.
Commissioner Moore moved, seconded by Commissioner Priest to approve a fence height of 8’ for the north side of Lot 7, Oakwood Subdivision (1708 & 1710 Oakwood Drive). MOTION CARRIED.
c. Rear Yard Setback Variance Lot 26, Parkview Subdivision (1315 Riverwood Drive)
The public hearing opened at approximately 6:16 p.m.
Petitioner Patricia Frantz stated she found a contractor on the Angie’s List website to build a deck around a hot tub sitting on an existing slab. She shared that the contractor told
her she did not need a building permit, but since it will be a screened in covered deck connected to the house, it does. She told how a City employee came to look and she was told to
call Engineering Tech Griggs. She detailed that her plans are to make the house available to rent on Airbnb for traveling nurses to have a place to decompress away from mosquitos.
Engineering Tech Griggs explained this was discovered due to sanitation issues they were checking out in the area. She confirmed that the Building Inspector requested they stop construction
until the City had all details. She noted by the time the City was aware of it, they were at least 70% complete, but it does appear to be good quality construction so far. She mentioned
section D. of JMC § 18.84.060 – Area exceptions.: “In computing the depth of a rear yard for any building where such yard opens onto an alley, one-half of such alley may be assumed
to be a portion of the rear yard.” She related that in the City Engineers opinion, this could be a good case to look at that exception to reduce the variance request. She confirmed
they are currently asking for a 23’ variance, but if half of the 30’ easement can be added, it would be an 8’ variance. She noted that it backs up to the gravel access easement that
was put in for the property to the rear, which is now part of Dupree Park. She stated the Parks & Rec and Sanitation Departments use it, but it is not a public right-of-way. She explained
beyond that easement, there are woods, a lot of floodplain, and railroad tracks.
BOARD OF ADJUSTMENT REGULAR MEETING
April 13, 2026 6:00 p.m. – 6:25 p.m.
The public hearing closed at approximately 6:25 p.m.
Commissioner Priest moved, seconded by Commissioner Moore to approve a rear yard setback of 2’ from the property line (17’ rear yard setback if measured from the middle of the 30’ access
easement (see § 18.84.060)) for Lot 26, Parkview Subdivision (1315 Riverwood Drive). MOTION CARRIED.
ADJOURNMENT: Without objection, Chairman Brittenum adjourned the meeting at approximately 6:25 p.m. MOTION CARRIED.
Respectfully,
___________________________ ______________________________
Susan L. Davitt CHAIRMAN Vivian Brittenum
CITY CLERK – TREASURER