15 AUG 10
A G E N D A
BOARD OF ADJUSTMENT
AUGUST 10, 2015
6:30 P.M.
CITY HALL
CITY COUNCIL CHAMBERS
1. CALL TO ORDER: PAGES
2. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Scheduled Meeting of
July 13, 2015 1-6
3. VARIANCE REQUEST(S): Rear Yard Setback Variance
405 Merganzer Drive
Petitioner: Kyle and Samantha Davis 4-5
ADJOURNMENT
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: August 10, 2015 6:30 p.m. – 6:54 p.m.
ATTENDANCE: Commissioners: Vergil Healey, Art Brannen,
Rick White, Alderman Howard and Chairman Moore were present. City Attorney Bamburg and City Engineer Whisker were also present.
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City Clerk Susan Davitt recorded those listed above in attendance and Chairman Moore declared a quorum.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Howard moved, seconded by Commissioner White to approve the regularly scheduled meeting minutes of July 13, 2015. MOTION CARRIED.
VARIANCE(S): Rear Yard Setback 405 Merganzer Drive
Chairman Moore opened the public hearing at approximately 6:32 p.m.
Petitioner Samantha Williams Davis and Kyle Davis stated that their family has expanded from three to five with possibly one on the way; she explained that they would like to remain
in their home but expand the home to the rear. She stated that they are requesting to add on to the rear of the home, which would bring the structure 9.62 feet from the rear property
line.
With no one to speak in opposition, Chairman Moore closed the public hearing at approximately 6:34 p.m.
City Engineer Whisker stated that the property has a 100’ utility easement to the rear of the property, noting that there is a house on the corner of Merganzer and Red Wing that is 10’
into the 25’ rear yard setback. He related that he was not able to determine if that was granted by a variance, adding that the resident did receive a Board of Adjustment variance
at a later time to have a 5’ variance into the rear property line regarding another building on the property. He related that he spoke to Mrs. Davis and explained that he is unaware
of any rear yard variance greater than 15’ into the 25’ setback. He noted that the home is already between 1.5’ to 2’into the rear yard setback, which happened by mistake and it was
not realized when the Certificate of Occupancy was granted.
Chairman Moore clarified with City Engineer Whisker that there is currently a 23’ setback given the 2’ needed variance, explaining that the addition will be another 13.5’ from the 23’
setback.
In response to a question from Alderman Howard, City Engineer Whisker confirmed that there is a bill of assurance for this property.
Petitioner Samantha Williams Davis responded to a question from City Attorney Bamburg that she has not spoken to the developer or reviewed the bill of assurance.
City Attorney Bamburg pointed out that #2 of the bill of assurance may need to be reviewed, he then explained to the Commissioners that it is not their roll to enforce the bill of assurance.
He stated that Mrs. Davis may want to contact the developer before starting construction.
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: August 10, 2015 6:30 p.m. – 6:54 p.m.
Petitioner Samantha Williams Davis expressed her appreciation for being alerted that she will need to speak with the Dupree’s regarding the bill of assurance.
City Attorney Bamburg stated that it is the Board’s purview to grant variance without enforcing the bill of assurance.
Discussion ensued and City Engineer Whisker clarified that the 100’ of utility right-of-way should adequately address any hazard concerns regarding the power lines.
City Engineer Whisker asked the Commissioners to approve at least a 2.5’ variance into the 25’ rear yard setback for the existing residence. He addressed the request of a 9.62 rear yard
setback variance, recalling that approximately 3 years ago there was a property on Norma Court that was asked to redesign their plans to keep the house further off the rear yard setback.
In response to a question from Chairman Moore, Mrs. Davis said the addition is 15’ X 52’ feet, adding that the draftsman estimated around 808 square feet.
City Engineer Whisker pointed out that there is a 5’ utility easement on the rear property line, therefore any one getting into the easement would be 4.62’ from the house.
Mrs. Davis explained that per the recommendation of City Engineer Whisker they explored other options such as building up, however building up would be too costly since they would have
to remove the roof and building on the front would cause logistical problems, adding that the rear of the home was the easiest and most cost effective option.
Commissioner White commented that he cannot see the possibility of expanding forward because the house is already on the setback line and if the construction was moved forward they could
not be able to get cars out.
City Engineer Whisker clarified that the expansion options discussed were building a bonus room over the garage, using the garage as a bonus room and then building an additional garage
or carport area in front of that, or constructing an entire upstairs which would be more difficult due to the living area conditions and changing the roof line. He stated that he believes
a garage is the structure that sits in the front and pushes the actual house 20’ back off the 25’rear setback line.
In response to a question from Chairman Moore, Mrs. Davis answered that they talked with their draftsman and a framer regarding putting the bonus room above the garage, saying that it
was going to be a very extensive project. She added that the expansion to the back of the house would be easier and less expensive than adding a second story.
City Engineer Whisker offered that typically variances are not granted exceeding 10’ into the rear yard setback because of the close proximity
MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING
DATE AND TIME: August 10, 2015 6:30 p.m. – 6:54 p.m.
of neighboring homes to the rear, however in this case there is a 100’ right-of-way between this house and the house to the rear. He stated that his only concern would be getting close
to the 5’ utility easement at the rear of the property.
Discussion ensued regarding the approximate distance of 9.62’ from the rear property line as depicted on the blueprints as well as issues regarding the bill of assurance.
Mrs. Davis stated that the 9.62’ from the rear property line was only because of the way the construction plans were drawn currently.
Commissioner Brannen proposed postponing the matter until Mrs. Davis had an opportunity to discuss bill of assurance issues with the developer.
City Engineer Whisker suggested that the petitioners would need a hard number to discuss with the developer regarding permission to expand their home. He stated that any approval could
be contingent upon the petitioners getting permission from Mr. Dupree, the developer.
Chairman Moore questioned if there would be a way to drop the size to 10’ X 52’ which is 520 square feet.
City Engineer Whisker stated that the 15’ X 52’ proposal came about because the Davis’ felt that would be good for the expansion and it had already been designed by the draftsman, unaware
there was a rear yard setback limit. He concurred that it could be redesigned to 10’ X 52’ easily but it would be up to the Davis’ to decide it that would work for them.
Chairman Moore stated that even a 12’ X 52’ addition would be normal, but it would still be tight but it would allow for 3’ additional space to the rear property line and easement.
It was noted that a 12’ X 52’ addition would leave 13’ from the rear property line.
Commissioner White supported the resolution of a 13’ setback.
Commission White moved seconded by Commissioner Brannen to allow a 12’ X 52’ rear addition to 405 Merganzer Drive leaving a 13’ to the rear property line. MOTION CARRIED.
The Board of Adjustment set a special called meeting for Monday, August 17, 2015 @ 6:30 p.m.
ADJOURNMENT:
Without objection, Chairman Moore adjourned the meeting at approximately 6:54 p.m. MOTION CARRIED.
Respectfully,
___________________________ _____________________________
Susan L. Davitt CHAIRMAN Jim Moore
CITY CLERK – TREASURER