HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-10/12/2004
ZONING BOARD OF ADJUSTMENT
MINUTES OF MEETING - OCTOBER 12, 2004
REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at
7:00 p.m. on October 12, 2004
ROLL CALL
Present:
Rich Munson, Skip Reynolds, Dee McNosky, Ed Moore,
Absent:
Butch Bercher, Larry Henry, Pat Davis
Staff:
Barry LeBaron, Clayton Husband, Amy Shelley
APPROVAL OF MINUTES
Motion by Skip Reynolds to approve the minutes of the September 14 and September 28, 2004
Meetings as presented, seconded by Ed Moore. The vote being:
Ayes: Munson, Reynolds, Moore and McNosky
Nay: None
RECOGNITION OF OUTGOING MEMBERS
Chairman McNosky recognized the outgoing members who were not present being:
Butch Bercher
Larry Henry
Pat Davis
SWEARING IN OF NEWLY APPOINTED MEMBERS
Clayton Husband presented the Oath of Office to the new members being:
Rich Munson, Place 1
Skip Reynolds, Place 2
Lisa Kenney, Place 3
NEW ROLL CALL
Present:
Rich Munson, Skip Reynolds, Lisa Kenney, Ed Moore
and Dee McNosky
ELECTION OF OFFICERS
Chairman - Rich Munson made motion to nominate current Chairman Dee McNosky, seconded
by Ed Moore. The vote being:
Zoning Board of Adjustment
Minutes - October 12, 2004
Page 10f9
Ayes: Munson, Reynolds, Kenney, Moore and McNosky
Nays: None
Vice Chairman - Skip Reynolds made motion to nominate current Vice Chairman Rich Munson,
seconded by Ed Moore. The vote being:
Ayes: Munson, Reynolds, Kenney, Moore and McNosky
Nays: None
Recording Secretary - Barry LeBaron stated in the past a staff member has been the Recording
Secretary for the Board and he suggested nominating new staff member, Amy Shelley. Ed Moore
made motion to nominate Amy Shelley, seconded by Skip Reynolds. The vote being:
Ayes: Munson, Reynolds, Kenney, Moore and McNosky
Nays: None
Chairman McNosky explained the public hearing procedures and voting requirements of the
Board to the audience.
AGENDA ITEMS
1. Case A-04-011 - Public Hearing - Request of Robert Hamos and Nick & Kathleen
Steinberger for a variance from the fence requirements on Lot 17, Block 5, Remington park
Addition, located at 401 Vintage Court
City staff member Clayton Husband presented the case and briefed the Board members.
Chairman McNosky opened the public hearing and asked the applicant to come forward to
speak.
Nick Steinberger, 401 Vintage Court, stated he is proposing to fence in a portion of his yard
adjacent to both Remington Parkway and Vintage Court. He is requesting a variance to
allow the encroachment on the building lines on both streets. He stated removing part of
the fencing that is currently there and creating uniformity with the remainder of the fence
around his property. He stated talking with his neighbors and they are not opposed to his
request.
Chairman McNosky asked if there was anyone else wanting to speak regarding this
variance request. There being none, the public hearing closed at 7:18 P.M.
Rich Munson questioned the homeowner if any intentions of putting a building in the
fenced in area? Mr. Steinberger responded no, a couple of trees but nothing else, simply
trying to create uniformity and keep his two year old twins in the yard. Rich Munson said it
would be a pleasant amenity to the neighborhood.
Zoning Board of Adjustment
Minutes - October 12, 2004
Page 20f9
Ed Moore questioned the homeowner about the portion of fencing to be removed. Clayton
Husband provided a diagram of the current layout on the overhead screen and used red
lines for current and green lines for proposed fence lines. Mr. Steinberger responded the
portion of fencing to be removed would be reused to enclose the yard. There would be no
need to buy additional fencing when the part being removed could be used.
Rich Munson stated the appearance of the landscaping is what the Board is trying to
accomplish with the homeowners.
Ed Moore questioned the homeowner of the placement of the fencing. Mr. Steinberger
showed the Board with the drawings Clayton Husband provided on the placement of
current fencing and proposed fencing.
Ed Moore made motion to approve Case A-04-011; Rich Munson seconded the motion
made with an amendment to the request by continuing with landscaping to go around the
new proposed fence. Ed Moore accepted the motion to amend the motion.
Skip Reynolds stated he did not approve of this request of the fence line and thought the
homeowner could do something different besides the fencing thought it would change the
characteristics of the neighborhood. Seems tree is already in the 30 ft. set back therefore
something else should do besides the fencing.
The variance passed vote being:
Ayes: Munson, Kenney, Moore and McNosky
Nays: None
Abstained: Reynolds
2. Case A-04-012 - Public Hearing - Request of Kim Dellosso for a variance from the fence
requirements on Lot 18, Block 3, Monticello Addition, located at 7810 Jefferson Circle
City staff member Clayton Husband presented the case and briefed the Board members.
Chairman McNosky opened the public hearing and asked the applicant to come forward
and speak.
Kim Dellosso, 7810 Jefferson Circle, is proposing to construct a fence and is requesting
a variance to allow the encroachment of the 30 foot building set back line adjacent to
Monticello Parkway. Mrs. Dellosso stated she has two small children and this proposal
would allow the children more space. The current back yard consists mostly of pool area.
This fence was approved by the Homeowner's Association by placing the fence 15 feet
from the street. Mrs. Dellosso would like to place wrought iron fencing with shrubbery
around the fencing. Mrs. Dellosso presented pictures to the Board of neighbor's driveway
stating there would be 6 or 7 feet for visibility for exiting the driveway. Across the street,
the driveway butts up against neighbors fence and their visibility is even smaller than what
we are proposing. We would be willing to work with our neighbors and could cut the corner
Zoning Board of Adjustment
Minutes - October 12, 2004
Page 30f9
so that the visibility would be even greater. Mrs. Dellosso provided other pictures in other
neighborhoods that have even smaller visibility than we are proposing. Homeowners
Association said there was not a problem with the request; however the fence needed to
be wrought iron with hollies placed around the fence.
Chairman McNosky asked if there was anyone else wanting to speak regarding this
variance request. There being none, the public hearing closed at 7:35 P.M.
Lisa Kenney questioned Mrs. Dellosso if landscaping would surround the proposed fence?
Mrs. Dellosso responded yes, a type of oak holly that would mature in about 3 years and
could grow to be 15 feet tall. Mrs. Dellosso stated that the neighbors had approved of the
bushes but had requested the bushes to be placed inside the fence. Lisa Kenney
questioned about the landscaping being done so that the neighbors could see through the
fence.
Chairman McNosky questioned homeowner if the neighbor was in agreement with this
fence and Mrs. Dellosso stated they were in agreement with this request.
Ed Moore questioned Mrs. Dellosso about the height of the bushes. Mrs. Dellosso
responded this particular type of bush, oak holly, would mature in about 3 years and could
grow to be 10 feet in height and they would be maintained. Ed Moore replied those bushes
would be too tall (8 or 10 feet) and suggested using a smaller shrub. Mrs. Dellosso stated
using the same as across the street. They want to use the oak holly because they
Lisa Kenney questioned Mrs. Dellosso which neighbors accepted the request? Mrs.
Dellosso replied the neighbors, Thorores, behind them. Neighbors did not have a problem
as long as the bushes were put inside fence at the 15 feet, or possible cutting the curb for
better visibility for them.
Ed Moore questioned Mrs. Dellosso if all 3 sides of the fence would be wrought iron and if
there would be a gate. Mrs. Dellosso responded all 3 sides would be wrought iron and a
gate would be at the front.
Skip Reynolds questioned Mrs. Dellosso if the gate would be on the property line or set
back from the beginning of the adjacent lot. Mrs. Dellosso replied it comes about 6 to 7
feet from there driveway, I would have to look at plat 6 to 7 feet. Clayton Husband
responded the back fence is on the rear property line tying in to the existing fence which is
on the property line. Mrs. Dellosso stated just a continuation of the existing fence.
Ed Moore questioned Mrs. Dellosso if fencing would be an extension of the wooden fence
and if pillars would be used at the corners? Mrs. Dellosso replied if it is necessary, if not
necessary to use pillars then they would not. They are expensive but if that is going to be
requested of the Board, she would do so. Ed Moore stated the pillars would obstruct the
visibility for the corner. Mrs. Dellosso stated it would be an obstruction.
Zoning Board of Adjustment
Minutes - October 12, 2004
Page 4 of 9
Ed Moore made motion to accept case A-04-012 with the exception the bushes are the
same as the neighbors across the street, Nelly R Holly as shown in pictures. Mrs. Dellosso
stated the oak holly is more attractive than the Nelly R Holly, yet grow to same height.
Chairman McNosky stated to make motion with wording to reflect the height of the bush not
the species of bush. Ed Moore amended his motion to reflect the height of the bush not to
be more than 7 feet in height.
Motion died for lack of second.
Chairman McNosky extended the gavel to the chair and made a motion to accept case A-
04-012 as requested by homeowner.
Motion died for lack of second.
Chairman McNosky asked staff Barry LeBaron on a suggestion that staff may have for the
applicant. Barry LeBaron stated not having 4 affirmative votes, fails the variance
requested.
Chairman McNosky stated applicant may get with staff to see if other suggestions could be
made to make more palatable for the Board.
Rich Munson stated to move fence to the property line is stretching the boundaries. Also
stated he does not feel comfortable with this request. He knows that there are 30 ft.
building lines. He does feel a 15 ft. would be acceptable. He does, however empathize
with the homeowner but is concerned the configuration of the fence would not be
compatible with the look of the neighborhood.
Mrs. Dellosso stated house across street is 15 ft. building line and our side of the street is
30 ft. Mrs. Dellosso does not understand the difference.
Rich Munson stated it is a function of the building code. Mrs. Dellosso stated who makes
those decisions. Rich Munson stated city council makes the decision.
Barry LeBaron responded without having the plats in front of me on the other lots, I can not
make a statement as to why the building lines vary from across the street.
Skip Reynolds questioned if homeowner built the home or purchased and did it have the
fence in place. Mrs. Dellosso stated purchased already built.
Lisa Kenney questioned Mrs. Dellosso if a set back of 20 feet would work instead of a set
back of 15 feet. Mrs. Dellosso replied we are willing to work with what ever set back needs
to be in order to do the fence.
Chairman McNosky questioned Barry LeBaron if the applicant could get a statement from
the neighbor stating putting the fence at the 20 ft. set back would be acceptable. Barry
Zoning Board of Adjustment
Minutes - October 12, 2004
Page 50f9
LeBaron stated if the applicant so chooses. Chairman McNosky stated if item were tabled
would that expedite the process for the applicant?
Skip Reynolds stated he did not suggest tabling the item, the problem that the Board is
having is not strictly procedural. Commented the holly bushes do not only get too tall but
also very wide and may create visibility issues later down the line and problems may arise
with the neighbors as to why this issue was not addressed. He also stated he concurred
with Rich Munson's statements and standing on the request.
Chairman McNosky stated there are issues with placement of fence and type of bushes, as
far as height and width of bushes.
Rich Munson stated he would be willing to approve the 15 foot set back as opposed to a 30
foot set back.
Ed Moore questioned Mrs. Dellosso why you want to use wrought iron when the fencing will
be covered up? Mrs. Dellosso stated they were trying to appease the Homeowner's
Association and for aesthetic reasons as well.
Chairman McNosky questioned Skip Reynolds if he had made a motion that has some
changes to the variance request. Skip Reynolds replied no the bushes grow very tall and
very big around and it will have an impact on visibility.
Rich Munson stated he agreed with Skip Reynolds remark however using smaller bushes
would not be a problem. He also stated 15 ft. set back from property line not the street.
Ed Moore questioned what the property lines are compared to the street. Barry LeBaron
replied to Ed Moore with using the overhead projector exhibits.
Rich Munson stated he would be willing to go with a 15 ft. set back from property line not
curb which would put the fence to be placed about 25 ft. from curb.
Skip Reynolds stated for the record he is not saying he would or would not favor.
Chairman McNosky suggested homeowner getting with staff to suggest a recommendation
for a possible alternative solution to this proposal. Barry LeBaron stated that getting with
the staff would be a better idea. This being said, the motion has failed.
3. Case A-04-013 - Public Hearing - Request of Dayakar Pushkoorfor a variance from rear
yard setbacks for a house addition on Lot 12, Block 28, Ross Downs Estates, located at
6803 Carriage Lane
City staff member Barry LeBaron presented the case and briefed the Board members.
Chairman McNosky opened the public hearing and asked the applicant to come forward
and speak.
Zoning Board of Adjustment
Minutes - October 12, 2004
Page 60f9
Dayakar Pushkoor, 6803 Carriage Lane, and builder Andrew Mica, Andrew Mica
Construction Inc., presented the proposed home addition to the Board. Mr. Mica stated
that the addition will be a bed and bath. The other side would not cause the encroachment
as this side will; however, this portion of the house is a more appropriate place to put
another bed and bath.
Chairman McNosky asked if there being anyone wishing to speak on this request.
Dan Bueno, 6804 Meade Dr, homeowner directly behind Mr. Pushkoor, stated this addition
to the home would encroach upon his privacy. Mr. Bueno stated that Mr. Pushkoor's home
currently had no gutters therefore the rain waters are diverted to his property because the
applicant's roof if very high being a two story. The dimensions for this addition would have
a negative effect on the open space. Stated the structure is too big for lot. Mr. Bueno also
stated that the Homeowner's Association did not know about this addition therefore had not
approved it. Mr. Bueno is concerned about setting precedence if this type of variance is
approved.
Charlotte Hughart, 6808 Meade Dr, stated the applicants house towers over Mr. Bueno's
yard and everything can be totally observed when in the pool. Applicant's house is already
too close to the property line. Mrs. Hughart stated she has issues like Mr. Bueno with
drainage coming from the applicant's home. Mrs. Hughart stated this addition would have
a negative effect on the neighborhood such a large house on a small lot. Mrs. Hughart
would appreciate a denial on this request.
Fred Bauer, 6808 Meade Dr, stated the applicant's home is very obstructive. Structure is
very close to the building line and privacy is a major issue with having a two story addition
that much closer to the property lines would feel even more so as a tower. Mr. Bauer has
tried to work with the drainage problems from the applicant's home by adding French
drainage and by trying to slope the yard. He is also concerned about setting precedence
with this neighborhood and making the house even bigger on such a small lot will be less
desirable and will lower the property values. Mr. Bauer would appreciate a denial on this
request as well.
Mr. Pushkoor stated to the Board he would be willing to move windows, what ever would
be necessary. He needs this additional bedroom and bathroom space for his family.
Chairman McNosky asked if there was anyone else wanting to speak regarding this
variance request. There being none, the public hearing closed at 8:15 P.M.
Chairman McNosky extended the gavel to the chair and made a motion to accept case A-
04-013 as requested by homeowner.
Motion died for lack of second.
Zoning Board of Adjustment
Minutes - October 12, 2004
Page 7 of 9
Skip Reynolds commented with the large number of signatures from the property owners,
some present to represent them, does not feel comfortable with this request. He stated he
does not feel that there is any animosity between the neighbors and Mr. Pushkoor, simply
a difference of opinion. He also stated with the issues of deed restrictions or Homeowner's
Association restrictions not being met even if the variance was granted tonight, it would not
resolve any issues over the entire problem and if this were to come back to before us, it
would be very significant to know the other problems that we can not deal with were
resolved ahead as far as deed restrictions or concerns of neighbors or Homeowner's
Associations.
Ed Moore made motion to deny this request.
Motion died for lack of second.
Chairman McNosky stated the motion has failed.
Lisa Kenney stated her concerns with Mr. Pushkoor not having notified the Homeowner's
Association about the addition and the adverse impact the addition will have on the
surrounding properties.
REPORTS AND COMMENTS
Barry LeBaron welcomed the new member and announced the training session and
orientation to be held on Thursday, October 28, 2004 at 6:30 P.M. in the executive
conference room on the third floor here at city hall. All old members as well as new are
welcome to attend. It is a great time to be able to freshen up on all procedures as well.
Rich Munson stated he would like to see some of the procedural problems discussed in a
work session.
Chairman Dee McNosky stated new and old members would benefit from a procedural
brush up.
Rich Munson questioned about the session being posted and Barry LeBaron stated it
would be posted. Also rules and procedures would be addressed.
Skip Reynolds would like for the work session to be considered and posted.
Ed Moore suggested postponing the training until after the city council had appointed new
members to fill the vacancies which would be after the October 19, 2004 meeting. Barry
LeBaron stated
Chairman Dee McNosky responded for the Board to wait and hear the outcome from the
city council meeting filling those vacant positions and have the new Board members attend
the work session if not able to attend the training session.
Zoning Board of Adjustment
Minutes - October 12, 2004
Page 80f9
Lisa Kenney wanted clarification of date being Thursday, October 28, 2004 at 6:30 P.M for the
training session? Barry LeBaron stated that is the correct time and date.
ADJOURNMENT
Ed Moore made motion to adjourn and Rich Munson seconded. Vote was unanimous.
The meeting adjourned at approximately 8:25 P.M.
Amy Shelley
Planning & Zoning Assistant
Approved on: November 9, 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 - October 12, 2004
Page 90f9