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02 OCT 14 A G E N D A BOARD OF ADJUSTMENT OCTOBER 14, 2002 - 6:30 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: PAGES 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regularly Scheduled Meeting July 8, 2002 1-3 VARIANCE REQUEST: a. Maximum Square footage Variance 3727 Grant Cove Petitioner: William A. Young 4-8 b. Front Yard Building Setback Variance 994 Plymouth Lane, Lot 90 Collenwood Petitioner: Larry Walden 9-10 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: October 14, 2002 /6:30 p.m. – 6:45 p.m. ATTENDANCE: Commissioners: Martha Boyd, Tammy Green, Mark Stroud and William Montgomery City Representative, City Engineer Whisker City Clerk Susan Davitt recorded those listed above in attendance and Chairman Perry declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Montgomery moved, seconded by Commissioner Boyd to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of July 8, 2002. MOTION CARRIED. VARIANCE(S): a. Maximum Square Footage Variance/ 3727 Grant Cove Mr. William A. Young of 3727 Grant Cove related that he is in the process of building a home and is requesting to construct a building to be utilized as an office and an extra car garage. In response to a question posed by Chairman Perry, Mr. Young responded that the house is in the Bushwood Subdivision. Discussion ensued and Mr. Young related that he has met with his neighbor, adding that he does not oppose the construction. Commissioner Stroud questioned what the office would be used for. Mr. Young stated that the office would be used for his personal office, adding that he is a factory representative and travels approximately three nights per week on the average. He related that his wife is an attorney who travels internationally. Chairman Perry questioned as to when Mr. Young anticipates construction to begin. Mr. Young related that construction on the house has already begun and if approved construction for the accessory building will start very soon. In response to a question posed by Commissioner Montgomery, Mr. Young related that there is approximately three acres to his lot. City Engineer Whisker related that the only concern he has is the 25-foot minimum rear yard setback. He stated that he has not seen any dimensions, adding that he is comfortable with the request as long as the rear setback is observed. Mr. Young stated that scaling it out would be 25 foot from the property line. BOARD OF ADJUSTMENT REGULAR MEETING October 14, 2002 continued: In response to a question posed by Chairman Perry, Mr. Young stated that the exterior of the accessory building would be very similar, brick with columns. Chairman Perry stated that the bill of assurance for that subdivision requires that a separate structure be the same type of construction as the primary residence. Mr. Young presented the Board with an elevation drawing of the proposed accessory building. Commissioner Stroud moved, seconded by Commissioner Montgomery to approve the maximum square footage variance totaling 1,097 square feet at 3727 Grant Cove with a 25-foot rear setback and stipulating that the exterior match the primary residence. MOTION CARRIED. b. Front Yard Building Setback Variance/ 994 Plymouth Lane Mr. Larry Walden stated he had basically made a mistake that was caught late in the game. He stated that Danny Lewis laid the house out as he did 90% of the houses in Collenwood. He explained that the setback is 35-foot in Collenwood and the setbacks in Stone Hill and Gap Creek is 25-foot. He stated that Mr. Lewis goes to both places and must have gotten confused. Mr. Walden stated that no one including himself caught it until the house was laid out next door. He stated that the house is completely framed. Mr. Walden stated the developer Mr. Jim Green drove by several times and did not notice it. He related that he never noticed it, adding that it was not apparent until the house next door was laid out. He stated that it was an honest mistake. Discussion ensued and it was noted that the house is approximately 7.9 feet over the front building line. Mr. Gary Fletcher stated that he is developing the property next door to Mr. Walden and that the house he is constructing is the one that brought this to Mr. Walden’s attention. Mr. Fletcher stated that he has spoken with his customers, explaining that they are very sympathetic regarding the situation, adding that it is an unfortunate situation and was unintended. He related that design and shape the extension is not noticeable. He stated that he was unaware of the mistake even though he has built two other houses on that street and drives by everyday. He stated that the house is a nice home, pointing out that Mr. Walden has constructed two other houses in the Subdivision, builds a good looking house. He stated that it is a very unfortunate situation, but added that he does not have a problem with a variance being granted. BOARD OF ADJUSTMENT REGULAR MEETING October 14, 2002 continued: Chairman Perry expressed concern that Code Enforcement Officers did not catch the oversight. Discussion ensued regarding methods to ensure this would not reoccur and if the Commission can impose penalties. City Attorney Bamburg stated that the authority of the Commission is to grant or deny a variance, authorize a time frame, but does not have the authority to apply penalty provisions. In response to a question posed by Commissioner Montgomery, City Attorney Bamburg related that Code Enforcement addresses penalties, and that Code Enforcement handles building issues. He related that if it is a bill of assurance violation it becomes a private issue that the City does not get involved in. Commissioner Stroud questioned avenues to help Code Enforcement not miss anything like this in the future. City Engineer Whisker stated that the matter has been brought to the attention of Code Enforcement and they have defiantly talked about making sure they check the footing for setbacks. It was noted that the person who performed the inspection is no employed with the City. Commissioner Montgomery stated that he agrees with Chairman Perry that it was an unintentional mistake. Mr. Fletcher stated that he cannot remember this ever happening in the past. He stated that a developer does not gain anything from this. Chairman Perry stated that with assurances from City Engineer Whisker, he feels confident that this will be taken care of. Commissioner Stroud moved, seconded by Commissioner Montgomery approved a front yard building setback variance at 994 Plymouth Lane. MOTION CARRIED. ADJOURNMENT: Chairman Perry adjourned the meeting at approximately 6:45 p.m. MOTION CARRIED. Respectfully, _________________________ _____________________________ Susan L. Davitt Mark Perry CITY CLERK - TREASURER CHAIRMAN