BOARD OF ZONING APPEALS
CITY HALL,
THURSDAY, MARCH 31, 2011
PUBLIC HEARING
7:00 P.M.
1. CALL TO ORDER: Mr. Wells called the public hearing to order at 7:00 P.M. with the following members present: Mr. Allen, Mr. Wells and Mr. Cline. Mr. Linek and Mr. Wright were absent. Also present were Joe Henderson, Karen Risher and Amy Dandurand.
2. APPROVAL OF MINUTES of February 28, 2011 Regular
Meeting. Mr. Cline moved to approve;
Mr. Wells seconded the motion. Roll
call was taken with Mr. Cline, Mr. Wells and Mr. Allen voting “Yes”. 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 1165 Cross Creeks Ridge (The Manors at Crosscreeks Condominiums).
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 35.33 feet and is 494.62 square feet in size. The deck would protrude nine feet into the rear yard setback. The required setback for this site is 25 feet for the MU_PUD zoned district. The Board of Zoning Appeals has approved several similar requests where decks or porches protruded 50 percent of less into the rear yard setback. There is a large wooded reserve area located behind the condominium buildings.
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 from 25 feet to 16 feet.
After being duly sworn Ms Dandurand stated that this is her parent’s property and they would like to add the deck for outdoor family gatherings. She further stated that the applicant is her husband. He is a commercial structure and project manager currently working out of town so she is here on his behalf. Mr. Cline clarified that Mr. Henderson is not aware of any requests for a deck in this condominium development that have come before the Board of Zoning Appeals. Mr. Henderson stated this will also need to be approved by the Condo Association and that is a separate, independent body that has nothing to do with the City. Mr. Allen clarified that the deck will be off of the main level of the house. Ms Dandurand stated there is a walkout basement that exits to a paved patio and the deck is off the main level. Mr. Henderson stated the deck will be one story high coming off the main level with the patio being below the deck.
There were no further comments.
Mr. Cline moved to approve that the rear yard building setback variance
shall be reduced from 25 feet to sixteen feet; Mr. Wells seconded the motion. Roll call was taken with Mr. Cline, Mr. Allen
and Mr. Wells voting “Yes”. Motion passed, 3-0.
4. OTHER BUSINESS: Mr. Henderson stated there is currently nothing scheduled for the Board of Zoning Appeals in April, however there is still about ten days until the submittal deadline. He also thanked the Board members for allowing this meeting to be moved back a week as he was out of town last week for a conference, and the applicant was able to get on this months agenda and not have to wait an extra month for tonight’s case to be heard.
5. ADJOURNMENT. There being nothing further Mr. Wells moved to adjourn, Mr. Cline seconded the motion. Roll call was taken with Mr. Cline, Mr. Wells and Mr. Allen voting “Yes”. Motion carried, 3-0. The Board of Zoning Appeals meeting adjourned at 7:10 P.M., March 31, 2011.
RESPSECTFULLY SUBMITTED:
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Karen I. Risher, Deputy City Clerk
ATTEST:
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Joseph P. Henderson, City Planner