BOARD OF ZONING APPEALS

CITY HALL, 100 LOCKVILLE ROAD

TUESDAY, OCTOBER 28, 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. Allen, Mr. Wells and Mr. Cline were present.  Mr. Linek was absent. Others present were Joe Henderson, Karen Risher, Rodney Davis and Michelle Davis.

 

2.           APPROVAL OF MINUTES OF October 12, 2010, Regular Meeting.  Mr. Cline moved to approve; Mr. Wright seconded the motion. Roll call was taken with Mr. Wells, Mr. Allen, Mr. Wright and Mr. Cline voting “Yea”.  Motion passed,  4-0.

 

3.         SCHEDULED MATTERS:

 

            A.        Review and request for a motion to approve a front yard building setback variance for a fence at 105 Robinette Street (The Landings Subdivision).

 

Mr. Henderson reviewed the report provided to the Board members and stated the applicant’s house is on a corner lot and by code requires two front yards.  The owner is proposing to build a four feet high bronze colored aluminum fence that would encompass the back yard.  A portion of the fence encroaches into the 30 feet front yard setback along along Urich Drive.  The applicant is requesting a variance to build a fence 15 feet from the sidewalk along Urich Drive.  This would reduce the front yard setback from 30 feet to approximately 14 feet.  There is one foot between the sidewalk and the property line.  The fence would protrude 16 feet into the required  front yard setback and this is over the  50 percent variance staff normally recommends. Staff recommends that the fence be 15 feet from the property line.

 

Staff supports the front yard setback variance request for the fence that complies with the minimum zoning code requirements and the following condition:

 

            1.         That the front yard setback for the fence shall be reduced from 30 feet to 15 feet along Urich Drive.

 

Mr. Rodney Davis, after being duly sworn stated, stated they originally requested a 15 feet variance and in going through the process they realized they would like to request a five foot variance as with the 15 foot variance they would lose approximately 400 square feet of their backyard.  They would now like to request a five foot setback variance along Urich Drive.  He stated he does not feel the five foot distance on the side facing Urich would cause a large detriment to drivers pulling up and not being able see past their fence.  Mr. Davis stated they realize that, if the City would need to take out any portion of the fence that is in the sewer easement, any replacement or repair would be at the cost of the homeowner and not the City.

 

Mr. Wright clarified that the adjoining neighbors had been notified of this request.  Mr. Henderson stated that a similar request had been granted a few months ago to a resident on the same street.  Mr. Cline clarified the request a few months ago was for 15 feet and that was what they came in for, they did not ask for five feet. He further clarified that the original request on this variance was for 14 feet from the sidewalk and staff supports this at 15 feet from the sidewalk. 

 

Mr. Cline moved to approve the front yard building setback variance for the fence shall be reduced from 30 feet to 15 feet along Urich Drive;  Mr. Allen seconded the motion.  Roll call was taken with Mr. Cline and Mr. Allen voting “Yea” and Mr. Wright and Mr. Wells voting “Nay”.  Motion failed, 2-2.

 

Mr. Wells moved to approve an amended motion that the front yard building setback for the fence shall be reduced from thirty feet to 10 feet along Urich Drive and that the fence shall be the aluminum as was presented;  Mr. Wright seconded the motion.  Roll call was taken with Mr. Wright, Mr. Allen, Mr. Cline and Mr. Wells voting “Yea”.  Motion passed, 4-0.

 

4.         OTHER BUSINESS:  Mr. Henderson stated that in November the fourth Thursday of the month falls on Thanksgiving and if a November meeting is needed it will held on November 18th.

 

5.         ADJOURNMENT:  Mr. Wells moved to adjourn; Mr. Cline seconded the motion.  Mr. Allen, Mr. Cline, Mr. Wells and Mr. Wright voted “Aye”.  Motion carried, 4-0. The Board of Zoning Appeals adjourned at 7:12 P.M., October 28, 2010.

 

RESPECTFULLY SUBMITTED:       

 

 

______________________________

Karen I. Risher, Administrative Clerk

 

ATTEST:        

 

 

____________________________

Joseph P. Henderson, City Planner