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HomeMy WebLinkAboutZoning Board of Adjustment-Minutes-5/23/2000Zoning Board of Adjustment Minutes -May 23, 2000 Page 1 of 2 The regular meeting of the Zoning Board of Adjustment was called to order by Vice-President McNosky at 7:00 p.m. on May 23, 2000. Roll Call: Present: Teresa Rutherford, Dee McNosky, Larry Henry, Jerry Birkes, Steve Magee Absent: Sara Lester at time of roll call (arrived at 7:05 p.m.), Robert Van Til Staff: Barry LeBaron Approval of Minutes: December 16, 1999 Teresa Rutherford moved to approve the minutes as submitted. Jerry Birkes seconded the motion. The motion passed by an "Aye" voice vote. PUBLIC HEARING - A request from Randy and Vicky Gardner for a variance from Section 24.1 -Fences Free Standing Walls, and Screening Material -to provide forthe construction of a wrought iron fence that would encroach approx. 15' over a portion of the building line along Remington Parkway on Lot 14, Block 9, Remington Park, Phase One at 511 Remington Court. Case A-00-001 Vice Chairman McNosky asked the staff to layout the variance request. Mr. LeBaron stated that this property is a corner lot with a 30' platted building line along the front of the lot facing Remington Court and the side of the lot facing Remington Parkway. He said that the applicant has indicated an interest in constructing an iron fence at 15 feet from the side property line. Mr. LeBaron indicated that one letter of support had been received from Mr. Larry Cole and no letters of opposition had been received. Vice Chairman McNosky opened the public hearing. Those present wishing to speak were: Randy Gardner, applicant, spoke in favor of the request. He stated that he had talked with Mr. Larry Cole, the subdivision developer, about constructing the fence and mentioned that the deed restrictions required a ten foot side building line. He stated that Mr. Cole advised him that the plat showed a 30 foot side building line and that the plat would control the location of any fences. Mr. Cole suggested he contact the City to inquire about the process of requesting a side yard variance. Mr. Gardner showed the Board several pictures of his property and outlined the location of the proposed fence on the exhibits contained in the agenda packet and on the overhead projector. Sara Lester arrived at 7:05. Jerry Birkes asked the applicant to show him where the hardship was on this particular case. Mr. Gardner stated that the lot had an unusual shape because it was narrower at the rear of the lot than that at the front of the lot. He stated that he was required by deed restrictions to face the house parallel to Remington Court and by doing so minimized the utility of his rear yard. Mr. Gardner stated that the elevation of the lot rises quickly from the street and a fence at the 30 foot building line would be very unattractive due to the higher elevation. Sara Lester asked the Zoning Board of Adjustment Minutes -May 23, 2000 Page 2 of 2 applicant if he thought the proposed location would benefit all in the neighborhood. He felt that the proposed 15 foot location would be more acceptable to the neighborhood because it wouldn't seem so high up the slope. Vicky Gardner spoke in favor of the request and stated that the real issue was the rapidly rising slope where the 30 foot building line is located. Larry Henry asked about the possibility of making a transition at the southern end of the fence where it adjoins the property to the south. Mr. Gardner indicated that a 25 to 30 foot transition would be acceptable to him. Teresa Rutherford read a statement of support from Mr. Cole's letter contained in the packet. There being no one else present wishing to speak, Vice Chairman McNosky closed the public hearing. Motion to approve the variance request was made by Teresa Rutherford and seconded by Steve Magee. Motion to amend the motion was made by Steve Magee. The proposed amendment included a requirement fora 30 foot transition at the southern end of the property, an iron gate that either rolls or swings so as to not block the sidewalk, the fence not to extend north of the driveway, and the fence not to exceed five feet in height. The second to the amendment was offered by McNosky. The vote on the amendment was all for and Birkes no. The vote on the original motion was all for and Birkes no. ADJOURNMENT: There being no further business, the meeting adjourned at approximately 7:40 p.m. Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: July 11, 2000 as submitted. jh/min/0523zba.min