BOARD OF ZONING APPEALS
CITY HALL,
TUESDAY, OCTOBER 12, 2010
PUBLIC HEARING
7:00 P.M.
1. Mr. Wells called the public hearing to order at 7:00 P.M. with the following members present: Mr. Wright, Mr. Wells and Mr. Cline were present. Mr. Linek was absent. Others present were Joe Henderson, John Allen, Karen Risher, Ann Harmon and Rick Wheeler.
2. APPROVAL OF MINUTES
OF August 26, 2010, Regular Meeting. Mr. Cline moved to approve; Mr. Wright
seconded the motion. Roll call was taken with Mr. Wells, Mr. Wright and Mr.
Cline voting “Yea”. Motion passed, 3-0.
3. SCHEDULED MATTERS:
A. Review and request for a motion to
approve a rear yard building setback variance for a deck at
Mr. Henderson reviewed the report provided to the Board members and stated the applicant is proposing an approximate 14 feet by 24 feet (336 square feet) three season room and a 12 feet by 12 feet (144 square feet) deck to the rear of the house. The deck would have stairs on the west side. The three season room and deck would protrude 18 feet into the rear yard setback and is approximately 17 feet from the rear property line. In an R4 district the rear yard setback is 35 feet. Staff supports the rear yard building setback variance request for the deck and three season room that complies with minimum zoning requirements and the following condition:
1. That the rear yard setback for the deck and three season room shall be reduced from 35 feet to 17 feet and 21 feet per the plan.
Ann Harmon, after being duly sworn, stated she was here as the applicant and did not have any comments or questions.
Mr. Cline moved to approve that the rear yard setback variance for the deck and three season room shall be reduced from 35 feet to 17 feet and 21 feet as per the plan; Mr. Wright seconded the motion. Roll call was taken with Mr. Wright, Mr. Cline and Mr. Wells voting “Yea”. Motion passed, 3-0.
B. Review and request for a motion to
approve a rear yard building setback variance for a deck at
Mr. Henderson reviewed the report provided to the Board members and stated the applicant is proposing to construct a deck that is approximately 14 feet by 19 feet (266 square feet) with stairs and a grill The subdivision is zoned R4 and in an R4 district the rear yard setback is 35 feet. The deck would protrude 6. 5 feet into the rear yard setback. Staff supports the rear yard building setback variance request that complies with minimum zoning requirements with the following condition:
1. That the rear yard building setback variance for the deck shall be reduced fro 35 feet to 28 feet.
Rick Wheeler, after being duly sworn, stated he is the applicant and does not have any comments or questions.
Mr. Wright moved to approve that the rear yard building setback variance for the deck shall be reduced to from 35 feet to 28 feet; Mr. Wells seconded the motion. Roll call was taken with Mr. Wright, Mr. Cline and Mr. Wells voting “Yea”. Motion passed, 3-0.
C. Review and request for a motion to
approve a front yard building setback variance for a fence at
Mr. Henderson reviewed the report
provided to the Board members and stated the applicant is proposing to install
a fence on the south side of the house in the side yard that would extend into
the front of the house. The fence would
be a five feet high decorative aluminum fence that would encompass the side
yard. A portion of the fence encroaches into the 30 feet front yard setback on
the eastern side of the property along
1. That the front yard setback variance
request for the fence shall be reduced from 30 feet to 24.8 feet along the
southern portion of the along
Mr. Wells clarified that the applicant is not here and no one is here to represent the applicant.
Mr. Cline moved to approve that the front yard setback variance for the
aluminum fence shall be reduced from 30 feet to 24.8 feet along the southern
portion of the site along
D. Review and request for a motion to
approve a rear yard building setback variance for a deck at
Mr. Henderson reviewed the report provided to the Board members and stated the applicant is proposing to construct a deck that is approximately 16 feet by 16 feet (256 square feet). The deck would protrude 15 feet into the rear yard setback. Staff supports the rear yard building setback variance request for the deck with the minimum zoning requirements and the following condition:
1. That the rear setback for the deck shall be reduced fro 35 feet to 20 feet.
Mr. Wells clarified that the applicant is not here and none is here to represent the applicant.
Mr. Wells moved to approve that the rear yard building setback variance for a deck shall be reduced from 35 feet to 20 feet; Mr. Cline seconded the motion. Roll call was taken with Mr. Wells, Mr. Cline and Mr. Wright voting “Yea”. Motion passed, 3-0.
4. OTHER BUSINESS: Mr. Wells clarified that there was no other business.
5. ADJOURNMENT: Mr. Wells moved to adjourn; Mr. Cline seconded the motion.
The Board of Zoning Appeals adjourned at 7:17 P.M., August 26, 2010.
RESPECTFULLY SUBMITTED:
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Karen I. Risher, Administrative Clerk
ATTEST:
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Joseph P. Henderson, City Planner