HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-4/10/2001Zoning Board of Adjustment
Minutes -April 10, 2001
Page 1 of 2 -Approved O5/22/O~
The regular meeting of the Zoning Board of Adjustment was called to order by Chairman McNosky
at 7:00 p.m. on April 10, 2001.
Roll Call: Present: Skip Reynolds, Jeff Byerly, Jerry Birkes, Rich Munson,
Dee McNosky
Absent: Cheryl Feigel ,Larry Henry
Staff: Jan Levy
Approval of Minutes: March 13, 2001
Skip Reynolds moved to approve the minutes as submitted. Jerry Birkes seconded the
motion. The motion was passed by an "Aye" voice vote with Jerry Birkes abstaining.
Chairman McNosky explained the procedures of the Zoning Board of Adjustment to the audience.
She stated that that all present members will be voting members for the meeting. Vice Chairman
Henry outlined the meeting format for the audience.
PUBLIC HEARING -Request of Gary M. Staggs for a variance from Section 3.23.D -
Permitted Uses PUD-R District - to allow the construction of a pool that would be closer
than five feet (5') to the side and rear property line of Lot 20, Block A, The Villas at
Caldwell's Creek, 1709 Heathermore -Case A-01-002
Staff presented the case to the Board.
Chairman McNosky opened the public hearing portion of the meeting.
Gary Staggs presented his case to the Board. There was no one else present wishing to speak.
Chairman McNosky closed the public hearing portion of the meeting.
Rich Munson said that he visited the site and there appears to be a drainage swale on the side of
the property where the pool will be located. Mr. Staggs said that the pool has been designed to
drain toward the front of the property to the street.
Mr. Munson asked the applicant if they will have to remove the tree near the pool. He responded
that they will try to save the tree.
Skip Reynolds raised questions about the applicant not being the owner of the property and the
application had no signature of the property owner. Mr. Staggs told the Board that the builder,
Gary Panno is the owner and the Staggs have a contract on the property subject to a variance for
a pool being granted. He said that they would not close on the property until they were certain
they could build a pool. Mr. Staggs said that staff advised him that he should be the one to
present the case to the Board and he could call Mr. Panno to attend the meeting if they needed
him there.
Jerry Birkes asked Mr. Staggs if the house was already formed, didn't he realize it was a problem
for a pool to be built in that area of the property. Mr. Staggs said that he was told by the builder
Zoning Board of Adjustment
Minutes -April 10, 2001
Page 2 of 2 -Approved 05/22/O~
that the developer, Raman Chandler, was going to amend the plat so that the pool would be
allowed. When he checked with staff, that had not happened and staff advised him to seek a
variance.
The Board discussed the legalities of granting a variance on a property that the owner was not
party to. Skip Reynolds suggested that the variance be contingent on Mr. Panno, as the owner, is
fully in support of the variance, and provides a letter to staff before any permits can be issued for
a pool.
Jerry Birkes moved to approve the variance contingent on a letter from the property owner
being provided to staff. Rich Munson seconded the motion. The vote being:
Ayes: Reynolds, Byerly, Munson, McNosky
Noes: Birkes
ADJOURNMENT:
There being no further business, the meeting adjourned at 7:35 p.m.
Respectfully Submitted,
Jan Levy
Planning & Zoning Assistant
Approved on: May 22, 2001 as submitted.
m/min/z b a minutes for 04 10 01