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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-12/11/2001Zoning Board of Adjustment Minutes -December 11, 2001 Page 1 of 3 -Approved March 72, 2002 Chairman McNosky called the regularly scheduled meeting to order at 7:20 p.m. on November 13, 2001. She waited until a fifth member of the ZBA arrived. Roll Call: Present: Rich Munson, Skip Reynolds, Jeff Byerly, Larry Henry, Dee McNosky Staff: Tom Niederauer, Jan Levy Approval of Minutes: November 13, 2001 Skip Reynolds moved to approve the minutes. Jeff Byerly seconded the motion. The motion was passed by an "Aye" voice vote. Chairman McNosky explained the procedures of the Zoning Board of Adjustment and outlined the meeting format for the audience. All present members will be voting members for the meeting and it will take a vote in favor by four of the five members to approve the variance request. PUBLIC HEARING -Request of Rick & Sharon Powell for a variance from Section 3.24.G - Schedule of District Regulations to allow the construction of an attached garage that would encroach approximately 15 feet into the required 25' side yard at 108 Quail Run, Case A-01-008 Tom Niederauer presented the case to the Board and reviewed the staff briefing. Chairman McNosky opened the public hearing portion of the meeting. Those present wishing to speak in favor of the variance request were: Rick Powell, 625 Steeplechase Dr., Bedford, applicant. He said this is a quaint neighborhood and the dwelling has been vacant for four years. He said they have worked with an architect and have tried other plans to add on but nothing else worked to accomplish the following: 1) give curb appeal with visual depth; and 2) improve the current drainage system and prevent water from flowing onto the neighbors' property by draining the water back into the drainage area directly behind the house. He said the house was a typical ranch style home built in the 1970's and they wanted to add some depth to the house rather than leaving it in the currant configuration with a detached garage in the back. Mr. Powell showed plans for the improvements and said there will be eight feet of curbing on the east side of the driveway with atwo-foot drain to prevent water from flowing into the neighbors' lot. Zoning Board of Adjustment Minutes -December 11, 2001 Page 2 of 3 -Approved March 72, 2002 He said there is a ditch along the back of the property and they will redirect the flow to the channel that is already in place. Mr. Powell said the house is currently approximately 2,300 square feet and with the proposed improvements, it will be approximately 3,800 square feet in size. He said if he were forced to build a garage detached from the house, it could be built closer to the neighbors property and he would not be able to improve the drainage system because of the additional cost needed for the concrete to the garage. Mr. Powell said there are no deed restrictions or zoning requirements that would prohibit a front entry garage from being built. He said that a detached garage would not add to the beauty of the neighborhood. Mr. Powell said he would use the same materials that the house is constructed of and the additions would have a similar roofline. Chairman McNosky asked if there was anyone else present wishing to speak: David Coulson, 109 Quail Run, spoke in favor of the variance request. He said he lives directly across the street from the variance request and he would be the neighbor most affected because of visibility. Mr. Coulson said he polled the adjacent neighbors and they have given their permission for him to speak in favor of the request. He said the Websters who live adjacent would be most affected because of the closeness of the garage to their property and they are very much in favor of the Powells making changes and improving the house. There was no one else present wishing to speak. Chairman McNosky closed the public hearing. Skip Reynolds moved to approve the variance request subject to the following conditions: 1) The garage addition will not encroach farther than 15 feet into the side yard; and 2) The garage addition will match similar roofline and construction materials as the main dwelling; Rich Munson seconded the motion. The vote being: Ayes: Munson, Reynolds, Byerly, Henry, McNosky Noes: None Rich Munson requested that the Zoning Board of Adjustment discuss the Rules of Procedure. He asked if he needed to do anything else to fill the un-expired term of Cheryl Feigel, Place 1, on the Board as stated in the Rules of Procedure. Chairman McNosky requested that the Secretary, Jan Levy, inform the City Council that the Zoning Board of Adjustment has their permanent member and the Board is looking for an alternate. Zoning Board of Adjustment Minutes -December 11, 2001 Page 3 of 3 -Approved March 72, 2002 Rich Munson said he perceived the wording in the Rules of Procedure to be ambiguous and he requested they look at the procedure in the future. Chairman McNosky said that she took over a regular member's position and was moved up from an alternate position and it was an automatic process. She said the Board could look at clarifying the procedure and yet they want to avoid any political connotations to protect the autonomy of the Zoning Board of Adjustment. She said that once people are appointed to the Board, they need to follow the Rules of Procedure regardless of the climate on the Council because that changes every year. She said the Board is trying to develop some kind of continuity and the Rules of Procedure help that endeavor. Skip Reynolds requested that they send a message to City Council that it is the sentiment of all of the Board members that Rich Munson is very qualified to fill the regular position and has met the requirements. He said they need to tighten the by-laws if there is any ambiguity. After they evaluated the statement in the Rules of Procedure, the Board determined they are acting within the rules that have been adopted and set before them to have Rich Munson fill the vacancy in Place 1 as a regular member. ADJOURNMENT: Skip Reynolds moved to adjourn the meeting, and Rich Munson seconded the motion. The motion was passed by acclamation. They're being no further business, the meeting adjourned at 7:30 p.m. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: March 12, 2002 as written. m/min/z b a minutes for 12 11 01