Loading...
HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-8/14/2004 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - SEPTEMBER 14, 2004 REGULAR MEETING: Chairman McNosky called the meeting to order at 7:00 p.m. Roll Call Present: Rich Munson, Skip Reynolds, Dee McNosky, Larry Henry, Ed Moore, Pat Davis Absent Butch Bercher Staff: Barry LeBaron, Clayton Husband, Eddie Edwards Approval of Minutes Motion by Skip Reynolds to approve the minutes of the August 10,2004 meeting as presented, seconded by Ed Moore. The vote being: Ayes: Rich Munson, Larry Henry, Pat Davis, Dee McNosky, Ed Moore, Skip Reynolds Noes: None Chairman McNosky explained the procedures of the Board to the audience. AQenda Items 1. Case A-04-009 - Request by Jerry Pedersen for a variance to allow a new commercial building to encroach the rear building line on Lot 2, Block 2, Thompson Terraces Subdivision, located at 5005 Thompson Terrace Clayton Husband presented the case to the Board. He stated the applicant proposed to construct a new office building on the property and is requesting a variance to encroach the rear building line. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Jerry Pedersen came forward to speak. He stated that he needed the variance to allow the construction of his proposed office building. Chairman McNosky asked if there were any others in the audience wishing to speak. There being none, the public hearing was closed. Skip Reynolds asked the applicant what type of business is being proposed. Jerry Pederson stated that he operated a printer supplies company. He stated that this may be a speculative Zoning Board of Adjustment Minutes - September 14, 2004 Page 1 of 6 building. Skip Reynolds asked about the nature of the business activities. Mr. Pederson stated that most of his business is over the Internet or by phone and shipped. Few customers come to the office for pick-up. Skip Reynolds asked why he wanted to move his business. Mr. Pederson stated that had been renting space and wanted to own his business location. Larry Henry asked if he had the building footprint firmly established and could he put the air conditioning equipment at the back of the building instead of adjacent to the residential property to the east. Rich Munson agreed and stated that should be added as a condition to any approval. Chairman McNosky asked what type of screening is proposed between the business and the residential property. Mr. Pedersen said that the screening would be consistent with that required of the city code. Rich Munson moved to approve the request with the condition that the air conditioning units are put on the side of the building instead of the rear of the building and that red tipped photinia shrubs not be allowed as the screening material. The motion was seconded by Larry Henry. The motion was approved by the following vote: Ayes: Rich Munson, Larry Henry, Dee McNosky, Ed Moore Abstained: Skip Reynolds Noes: None 2. Case A-04-01 0 - Request by Claffey Pools and Doug & Lee Terry for a variance to allow a swimming pool to encroach the rear building line on Lot 15, Block 1, Rosewood Villas, located at 717 Arcady Lane Clayton Husband presented this case to the Board. Skip Reynolds asked if there was a five foot utility easement across the front of the lots and no utility across the rear of the lot where the pool is proposed. Chairman McNosky opened the public hearing. There being none to speak, the public hearing was closed. Neither the pool contractor or the homeowner were in attendance atthe meeting to speak. Larry Henry stated that he would normally be concerned about the one foot distance to the property line, but since the lot abuts a green belt he had no problems with the request. Skip Reynolds expressed concern that the homeowner or contractor was unavailable to speak. Larry Henry stated that the applicant was the pool contractor. Skip Reynolds stated that in the past there have instances where the contractor had the homeowner with the contractor at the Zoning Board of Adjustment Minutes - September 14, 2004 Page 2 of 6 meeting, didn't think that the contractor's signature gave the variance request proper standing before the Board as an applicant. Ed Moore moved to approve the variance request as presented. Skip Reynolds questioned whether they could take action on the request. Rich Munson stated that this question has come up before, so the Board is taking action on somebody's property that is no represented. Chairman McNosky stated that the application is signed by both the contractor and the homeowner. Larry Henry asked if it was staff's opinion that the variance request was a valid application. Clayton Husband stated that both the contractor and the homeowner had signed the application. Rich Munson questioned whether the signature on the application was the property owner's full name. Barry LeBaron stated that the property owner is always notified of the date of the public hearing, but could not understand why there was no representative or the property owner at the meeting. Skip Reynolds asked if staff knew who signed the application as the homeowner. Clayton Husband stated that very rarely are the application forms signed in front of staff, that they usually come to the office fully completed. The motion was seconded by Larry Henry. The vote being: Ayes: , Larry Henry, Dee McNosky, Abstained: Skip Reynolds Noes: Rich Munson, Ed Moore Chairman McNosky stated that the motion failed due to not having four affirmative votes. Rich Munson moved to table the request. The motion was seconded by Skip Reynolds with the amendment to rescind the prior action. Rich Munson accepted the amendment. The vote being: Ayes: Rich Munson, Dee McNosky, Skip Reynolds Abstained: Larry Henry, Ed Moore Noes: None Chairman McNosky stated that the motion failed due to not having four affirmative votes. Rich Munson moved to table the request. The motion was seconded by Ed Moore. The motion to table was approved by the following vote: Zoning Board of Adjustment Minutes - September 14, 2004 Page 3 of 6 Ayes: Rich Munson, Dee McNosky, Skip Reynolds, Ed Moore Abstained: Larry Henry Noes: None 3. Case A-04-006 - TABLED ITEM - Request by Murway Building Investments for a variance to allow a new residence to encroach the front building line on Lot 17R, Block 2, Montclair Parc, located at 5607 Normandy Drive Rich Munson stated that he would recuse himself from this item due to the proximity of the applicant's property to his property. Pat Davis took his place as the voting member on this item. Clayton Husband updated the Board on this case. He stated that the applicant had revised the request from a fifteen foot variance to a five foot variance. He stated that the applicant had to be out of town on an emergency. The applicant had also met with the homeowners association and had received their support of the variance request. Motion by Skip Reynolds to remove the item from the table and seconded by Larry Henry. The motion to remove the item from the table was approved by the following vote: Ayes: Dee McNosky, Skip Reynolds, Pat Davis, Ed Moore, Larry Henry Noes: None Chairman McNosky opened the public hearing. Nancy Dennis represented the applicant and explained that the architectural control committee of the homeowners association had approved the request and the applicant had done everything that had been asked of him. There being no others to speak, Chairman McNosky closed the public hearing. Motion by Skip Reynolds to approve the variance request, seconded by Larry Henry. The motion was approved by the following vote: Ayes: Dee McNosky, Skip Reynolds, Ed Moore, Pat Davis, Larry Henry Noes: None 4. Case A-04-008 - TABLED ITEM - Request by Jeannie Lohse to permit the reconstruction of a non-conforming accessory building that was destroyed by fire on Lot 2, Block 1, Patricia Addition, located at 4900 Patterson Lane Rich Munson came back as a member of the Board. Clayton Husband updated the Board on this case. Zoning Board of Adjustment Minutes - September 14, 2004 Page 4 of6 Rich Munson stated that he would recuse himself from this item since he was not at the last meeting where this item was first discussed. Pat Davis returned as a voting member of the Board. Motion by Ed Moore to remove the item from the table, seconded by Pat Davis. The motion to remove the item from the table was approved by the following vote: Ayes: Unanimous Chairman McNosky opened the public hearing. Mark Lohse stated that they are requesting to rebuild an accessory building that had burned during the past summer. He stated that he had been previously requested by the Board to meet with one of the neighbors who had expressed concerns at the prior meeting and had adjusted his request to address those concerns. Chairman McNosky asked the applicant to review the changes to the request. Mr. Lohse stated that brick veneer would be put on the east end wall, the height of the structure was reduced and the surface of the garage door was changed to raised-panel door. There being no others to speak Chairman McNosky closed the public hearing. Skip Reynolds asked the applicant why he needed such a large building. Mr. Lohse stated that the existing structure was 1,500 to 1,600 square feet, including the carport and that he felt that he was asking for a smaller building. Mr. Lohse stated that there were other metal buildings in the neighborhood and showed photos of the one on his neighbor's property and on property located two houses down from his. Skip Reynolds asked if the applicant planned to put a brick ledge on the foundation. The applicant stated that was his plan and he would like to brick the building in the future, but couldn't afford the expense at this time. Larry Henry expressed his concern over the applicant's request. He stated that the relocation of the building to another location on the lot, in his opinion, should not be a consideration of the Zoning Board of Adjustment, but a Special Use Permit application to the City Council. Skip Reynolds stated that he disagreed. He stated that the applicant's building was nonconforming and was lost due to fire and moving the building footprint over a little bit does not alter the request. Motion by Skip Reynolds to approve the variance request, seconded by Ed Moore. The motion was approved by the following vote: Ayes: Dee McNosky, Skip Reynolds, Ed Moore, Pat Davis, Noes: Larry Henry Zoning Board of Adjustment Minutes - September 14, 2004 Page 5 of 6 Adjournment There being no further business, the meeting adjourned at approximately 9:10p.m. fYl~L Barry LeBaron, Development Director Approved on: October 12, 2004 Note: As a matter of public record, an audio recording of this Zoning Board of Adjustment meeting is available upon request. Zoning Board of Adjustment Minutes - September 14, 2004 Page 6 of 6