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05 JUL 11 A G E N D A BOARD OF ADJUSTMENT JULY 11, 2005 - 6:15 P.M. CITY HALL CONFERENCE ROOM 1. CALL TO ORDER: 2. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Scheduled Meeting June 13, 2005 1-3 3. VARIANCE REQUEST(S): a. Building Line Setback Variance 1912 McArthur Drive Petitioner: Kareer Kids 4-5 b. Front Yard Setback Variance 100 Kodiak Lane Petitioner: Greg Brewer 6-7 c. Building Line Setback Variance 106 Marshall Road Petitioner: Midstate Distributing, Inc. 8-10 d. Rear Yard Setback Variance 2600 Cory Drive Petitioner: Wrights Cabinets, Inc. 11-12 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: July 11, 2005 6:15 p.m. – 6:49 p.m. ATTENDANCE: Commissioners: Mike Traylor, Bart Gray, Jr. and Martha Boyd Chairman Keaton, and City Engineer Whisker _________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Keaton declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Boyd moved, seconded by Commissioner Traylor to approve the minutes of the Regularly Scheduled Board of Adjustment meeting of June 13, 2005. MOTION CARRIED. VARIANCE(S): a. 1912 McArthur Drive Building Line Setback Variance for Kareer Kids Child Development Center Chairman Keaton opened the public hearing at approximately 6:16 p.m. Mr. Joe Douglass stated that he believes the garage would be a size variance rather than a setback variance, noting that the building would be approximately 7’ from the side yard. City Engineer Whisker clarified that the variance would be from a 15’ side yard setback and a maximum size variance, noting the maximum square footage for an accessory building to be 650 square ft. Mr. Joe Douglass noted that the three-car garage would be approximately 1,000 square foot offering storage to the rear. He explained that this would allow them to pull the vans from the street and provide parking in the garage. He noted that the construction of the building would match the exterior of the main building. In response to a question from Chairman Keaton regarding a utility easement to a power pole with transformers, Mr. Douglass replied that to his knowledge the only requirement is 5’ on each side of the property line. He stated that he did not see an accessibility concern. In response to a question posed by Commissioner Traylor, City Engineer Whisker noted that in residential subdivisions the setback for an accessory building is 5’ from the property line. Commissioner Gray moved, seconded by Commissioner Boyd to grant a 7’ side yard setback and maximum square footage variance to facilitate a 35’ X 36’ accessory building. MOTION CARRIED. Chairman Keaton closed the public hearing at approximately 6:22 p.m. b. 100 Kodiak Lane Front Yard Setback Variance Mr. Greg Brewer stated that he would like to provide a covering for his cars and a boat. He explained that there is a concrete pad existing and that it is located within a privacy fence. He stated that because the property line curves part of the concrete pad protrudes over the building line on one side. BOARD OF ADJUSTMENT REGULAR MEETING continued: July 11, 2005 6:15 p.m. – 6:49 p.m. City Engineer Whisker stated that he does not believe the construction would interfere with the site distance, explaining that there are very few driveways on that side of the street. He added that because of the angle of the property it would make it difficult to stay behind the building line, adding that carports in the front areas of homes have mostly not been allowed, noting that this carport is located to the side of the home. Commissioner Traylor questioned the feasibility of pushing the carport further away from the building line. Mr. Brewer stated that in order to do so he would have to pour additional concrete and set the wooden privacy fence further back. He answered that he would like to have the privacy fence remain, explaining that he has lived in the home approximately 4 years and the privacy fence was there when he purchased the home. He noted that most of the concrete drive was existing, noting that he did make the drive wider, adding that now he would like to cover the area. He explained that the cover would be made from aluminum on steel poles and the top covering would match the color of the house. He then explained that the only part that would be visible would be the roof, explaining the privacy fence would cover the rest of the cover. He stated that the house is trimmed in a dark brown and the covering would also be a dark brown. He stated that the covering would be set in concrete and would not be portable. Discussion ensued regarding the bill of assurance for the Subdivision. Commissioner Gray explained that the bill of assurance of assurance sets forth the type of construction of home within a subdivision such as minimum square footage, fences, accessory buildings or detached buildings. Mr. Brewer replied that there are detached buildings in the neighborhood explaining that the structure has cabled and shingled roof. In response to a question posed by Commissioner Gray, Mr. Brewer answered that he had spoken with his neighbors regarding his plans for a cover over the concrete pad. City Engineer Whisker noted that both corners of the property were posted. Commissioner Traylor stated that if detached structures are allowed by the bill of assurance, questioning why Mr. Brewer would not want to move the structure back 4’ to be within the setback regulations. Mr. Brewer stated that his only reason would be the cost of pouring a slab and setting the fence back. He then noted that the fence is currently in line with the corner of the house, explaining that if he sets the fence back it would not be uniform. He noted a mother-in-law quarters on the property, adding that he needed additional parking space and would like to have it covered. He then answered that the cover is approximately 28.5’W X 24’L, adding that it would be enough to cover three cars. City Engineer Whisker noted that those dimensions equaling 712 square feet would require a maximum square footage variance as well as a setback variance he is requesting. BOARD OF ADJUSTMENT REGULAR MEETING continued: July 11, 2005 6:15 p.m. – 6:49 p.m. Mr. Brewer stated that he would be willing to cut the size down to 22’ in length, which would amend his request from 4’ to 2’ for his variance request. Commissioner Gray noted that the typical size of a garage is 20’, noting that Mr. Brewer would not need a variance if he were willing to reduce the length to 20 feet. Mr. Brewer stated that the car, when parked, does extend over the setback line at the corner. City Engineer Whisker offered that a covering 28.5 X 22 would be exactly 616 square feet, not requiring a maximum square footage variance. Commissioner Traylor noted that even with the decrease in variance request, he has a hard time approving the variance without knowing if the bill of assurance would support the request. He then noted that when he viewed the property he did not see any other carports of this nature in the neighborhood. Mr. Brewer noted that if the property line did not curve along with the street he would not have needed to request a variance. Commissioner Gray moved, seconded by Commissioner Traylor to table the request until the next regularly scheduled meeting pending further information regarding the bill of assurance allowances. MOTION CARRIED. City Engineer Whisker offered to supply Mr. Brewer with a copy of the bill of assurance regarding his area of the Subdivision. Chairman Keaton closed the public hearing at approximately 6:40 p.m. c. 106 Marshall Road Building Line Setback Variance Chairman Keaton opened the public hearing at approximately 6:41 p.m. Mr. Rick Kent related that the convenience store at 106 Marshall Road is proposing to add-on, he explaining that the southwest corner of the store is currently 10’ off the property line. He further explained that the store is situated at an angle on the property and the owner is proposing to transition from the 10’ to 17’ from the property line. He noted that only a small portion of the addition would be outside the 15’ setback as it transitions away from the property line. City Engineer Whisker stated that he had spoken with the Fire Marshall who did not foresee any ingress or egress concerns. Discussion ensued regarding sidewalks and Mr. Kent noted that the property has open concrete to the street. It was noted that landscaping considerations would hinge on the amount of the improvements compared to the total value of the property. In response to a question posed by Chairman Keaton, Mr. Kent stated that the exterior walls would match the current exterior of the building. BOARD OF ADJUSTMENT REGULAR MEETING continued: July 11, 2005 6:15 p.m. – 6:49 p.m. Chairman Keaton closed the public hearing at approximately 6:45 p.m. Commissioner Traylor moved, seconded by Commissioner Gray to approve the setback variance at 106 Marshall Road as requested. MOTION CARRIED. d. 2600 Cory Drive Rear Yard Setback Variance Chairman Keaton opened the public hearing at approximately 6:48 p.m. Mr. Jimmy Walker of Wright’s Cabinets stated that the setback request is to accommodate a new addition to the west end of the building. He stated that the addition would be approximately 30’ X 65’ at the northwest corner of the building to be used as a maintenance shop. He then stated that there would also be an addition on the south side of the building approximately 12’ X 40’, which would be used as a compressor room. He stated that the variance request would be a 40’ rear yard setback in lieu of the 75’ as requested by Code. He noted that the construction would be a ridge metal frame building, matching the existing facility. City Engineer Whisker offered that the Fire Marshall did not express any concerns. Commissioner Boyd moved, seconded by Commissioner Traylor to approve the setback variance at 2600 Cory Drive as requested. MOTION CARRIED. Chairman Keaton closed the public hearing at approximately 6:48 p.m. ADJOURNMENT: Without objection, Chairman Keaton adjourned the meeting at approximately 6:49 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Glen Keaton CITY CLERK - TREASURER