Loading...
18 MAY 16 rescheduled A G E N D A BOARD OF ADJUSTMENT MAY 16, 2018 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 April 9, 2018 1-3 3. VARIANCE REQUEST(S): Maximum Square Footage Variance for an accessory building 114 Vaun Street Petitioner: Antonio & Juanita Rayfus 4-5 ADJOURNMENT MINUTES: BOARD OF ADJUSTMENT REGULAR MEETING DATE AND TIME: May 16, 2018 6:30 p.m. – 6:47 p.m. ATTENDANCE: Commissioners: Brannen, Mashburn, Brittenum, Twitty, and Chairman Healey were present. City Attorney Bamburg was also present. ______________________________________________________________________ City Clerk Susan Davitt recorded those listed above in attendance and Chairman Healey declared a quorum. APPROVAL AND/OR CORRECTION OF MINUTES: Councilman Mashburn moved, seconded by Commissioner Twitty to approve the regularly scheduled meeting minutes of April 9, 2017. MOTION CARRIED. VARIANCE(S): Accessory Building maximum square footage variance at 114 Vaun Street Chairman Healey opened the public hearing at approximately 6:30 p.m. Petitioner Antonio Rayfus related that he is asking to construct a detached garage with a small storage area to the rear. He noted that it is off the side and rear property lines per Code but the building will be larger than 650 square feet. He related that the building will be 25’ X 40’ with the majority of that being parking space and storage for lawn equipment. He then answered Councilman Mashburn that he has one neighbor across the street. It was noted that the property was properly posted. Commissioner Twitty confirmed with Mr. Rayfus that his property is located at the end of a dead-end street behind Homer Adkins Elementary School with not neighbors to the rear or the left side of his property. He then answered that the building would be approximately 10’ from his fence line, adding that he plans to attach the building to his house. He explained that the building may be 8’ to 10’ from the property line, noting that his request was a building 27’ X 40’. He noted that there would be five feet from the building to the house. He explained that 25’ X 25’ would be for parking and the rest of the building would be for storage. It was confirmed that he would like to have the request reflect his original statement of 27’ X 40’. Discussion ensued Mr. Rayfus was uncertain how close to the County line property is located. He then answered Chairman Healey that the building would be 3 to 5’ from his carport depending on if he attaches the building to the carport. Discussion ensued regarding the building being detached and it was noted that the Code would require the building to be 15’ from the main residence if detached. Chairman Healey clarified that it is actually two separate variances, one for size and the other is the distance between the garage and the primary structure and 5’ from the property line. Mr. Rayfus stated that he was not aware of the requirement that the garage had to be 15’ from his house. BOARD OF ADJUSTMENT REGULAR MEETING May 16, 2018 continued: Chairman Healey continued saying that if there is approximately 50’ from the property line then in keeping the variances to a minimum, he would recommend that the garage be placed 15’ from the primary structure. Mr. Rayfus asked if it would make a difference if he attached the building to his house. He was advised that it would be viewed as an extension of the existing and home and the roofline would have to be extended for it to be connected. Mr. Rayfus clarified his understanding that the building would have to either be 15’ from his house or the roof line would have to be extended to connect the proposed construction to the existing roofline. Discussion ensued and Mr. Rayfus noted that he has enough space depth wise to adjust the placement of his garage but added that there is not enough space to move 15’ to the side and still be 5’ off the property line. He reiterated that he was not informed about having to be 15’ from the primary structure if the building were detached. Further discussion ensued regarding the complexity of extending the existing roofline. Mr. Rayfus stated that in consideration for having the roofline extended, could he have a City inspector come and look at the circumstance necessary for extending the existing roofline according to Code. Chairman Healey clarified with Mr. Rayfus that he wants to keep the proposed garage in line with the existing driveway, suggesting that moving the building further away from the house would not be the best option. He added that he feels an attachment to the house would be the best option. He suggested that with Mr. Rayfus’ permission the item be tabled; offer Mr. Rayfus an opportunity to refigure the space available and possible do away with the need for any variances regarding size or placement. Mr. Rayfus agreed to table the request until he is able to work out a more concrete plan. It was then clarified by City Attorney Bamburg that if Mr. Rayfus chooses to attach the building to his primary structure that would correct the circumstance for any variances. He added that Code Enforcement would be able to issue a building permit without regard for size. Mr. Rayfus offered his desire to withdraw his request and seek a building permit to extend his primary residence. City Attorney Bamburg advised that if the item is table it would not have to be re-advertised in the event Mr. Rayfus decided his variance request remains necessary. Chairman Healey closed the public hearing at approximately 6:48 p.m. Commissioner Brannen moved, seconded by Twitty to table the variance request for an accessory building at 114 Vaun Street until the next regularly scheduled meeting unless Mr. Rayfus and the City deems a variance is no longer needed to complete construction plans. MOTION CARRIED. BOARD OF ADJUSTMENT REGULAR MEETING May 16, 2018 continued: ADJOURNMENT: Without objection, Chairman Healey adjourned the meeting at approximately 6:49 p.m. MOTION CARRIED. Respectfully, ___________________________ _____________________________ Susan L. Davitt CHAIRMAN Vergil Healey CITY CLERK – TREASURER