14 APR 14
A G E N D A
BOARD OF ADJUSTMENT
APRIL 14, 2014
6:30 P.M.
CITY HALL CONFERENCE ROOM
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting of
March 10, 2014 1-2
Special Scheduled Meeting of
March 31, 2014 3-4
3. VARIANCE REQUEST(S):
Setback Variance
3301 North Ridge Drive
Petitioner: Erick Lunn 5-6
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: April 14, 2014 6:30 p.m. – 6:41 p.m.
ATTENDANCE: Commissioners: Alderman Howard, Vergil Healey,
Art Brannen, Rick White, and Chairman Moore
were present.
City Attorney Bamburg and City Engineer Whisker
were present.
______________________________________________________________________
City Clerk Susan Davitt recorded those listed above in attendance and Chairman Moore declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner White moved, seconded by Alderman Howard to approve the regularly scheduled meeting minutes of March 10, 2014. MOTION CARRIED.
Commissioner Brannen moved, seconded by Commissioner Healey to approve the special scheduled meeting minutes of March 31, 2014. MOTION CARRIED.
VARIANCE(S): Setback Variance at 3301 North Ridge Drive
Chairman Moore opened the public hearing at approximately 6:32 p.m.
Alderman Howard moved, seconded by Commissioner Brannen to remove from being tabled at the March 31, 2014 Special board of Adjustment meeting, the Setback Variance regarding 3301 North
Ridge Drive. MOTION CARRIED.
Mr. Jeffrey Jenkins related that he is representing the buyers of 3301 North Ridge Drive, requesting a variance for the property located at 3301 North Ridge Drive.
Ms. Sheila James with Remax Real Estate; stated that she is also here for the variance, representing the former homeowner, Eric Lunn.
It was noted that the pool has been removed.
In response to a question from Commissioner White, Ms. James concurred that the sellers are the original owners of the property.
City Engineer Whisker then answered that the house was built by a builder from Cabot during the housing boom of 2008. He explained that the City has never required that when a house
is finished that there be a final plot plan presented. He related that once the plot plan is submitted to obtain a building permit it is the builder is responsible for the placement
on the lot. He stated that it has been discussed adding a final plot plan to the process, noting that it is another expense to the builder.
City Attorney Bamburg stated that it has been discussed to require “as builts” to be turned into the Engineering Department before the Certificate of Occupancy is issued.
City Engineer Whisker stated that this process would help protect the builder as well as the buyer.
City Attorney Bamburg stated that it would help catch this discrepancy on the front end as opposed to for instance seven years later.
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: April 14, 2014 6:30 p.m. – 6:41 p.m.
City Engineer Whisker acknowledged that the house would still be at the completed stage.
City Attorney Bamburg stated that the house would be finished but there would need to be a variance granted or the house would have to come down. He stated that it would have been caught,
as with this instance, seven years earlier. He stated that he would anticipates that the mortgage company had difficulty without a variance having been granted.
In response to a question from Chairman Moore, City Engineer Whisker recalled that the variance is for the home, which is over the front build line by 1.5’ or 2.0’. He clarified that
the setback violation is on the northeast corner of the house and also on the east side of the property at the northeast corner and up to the 10’ easement.
Chairman Moore closed the public hearing at approximately 6:37 p.m.
Alderman Howard moved, seconded by Commissioner Healey to approve the setback variance as requested for 3301 North Ridge Drive. MOTION CARRIED.
Discussion ensued regarding setback issues that have occurred during the construction of the residence.
Chairman Moore raised the question of requiring “As Builts” from the builders.
City Engineer Whisker noted the extra costs for the builder.
City Attorney Bamburg stated that any extra costs would be passed onto the buyer. He then answered that through his research he learned that it is a mix as to what other cities require
regarding “As Builts”. He added that he feels it is a wiser choice to have “As Builts”, noting that most of the mortgage companies are requiring that there be some type of an “As Built”
survey after the home is completed before they will allow the title company to issue the binder.
Commissioner White stated that when a home is constructed a couple feet over the setback that is not near as big of an issue as when it gets into an easement.
Chairman Moore stated that special meetings for the Board of Adjustment are unnecessary unless it is serious or majorly important. He continued saying that 2’ over the building line
does not require setting a special meeting.
City Engineer Whisker stated that when a special meeting is requested, it is generally because of funding.
Chairman Moore mentioned that because the Board of Adjustment is a public meeting and their maybe more people attending the meetings, the Board may want to consider moving the location
to the Council Chambers. He then noted that the Planning Commission’s meeting is scheduled to begin at 7:00 p.m.
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: April 14, 2014 6:30 p.m. – 6:41 p.m.
It was the general consensus of the Board to begin meeting in the City Council Chamber.
ADJOURNMENT:
Without objection, Chairman Moore adjourned the meeting at approximately 6:37 p.m. MOTION CARRIED.
Respectfully,
___________________________ _____________________________
Susan L. Davitt CHAIRMAN Jim Moore
CITY CLERK – TREASURER