Loading...
Zoning Board of Adjustments Minutes - 08/21/19910 PRESENT Ralph. Perkins, Scott Cannaday Tom Hill Burrell Lacey Roger Murphy, M I N U T E S ZONING BOARD OF ADJUSTMENT August 21, 1991 Chairman Alternate Bill Sullivan, Assistant Attorney Subir Mukerjee, Development Coordinator Donna Duncan, Recording Secretary ABSENT Syd Litteken David Farabee CALL TO ORDER Members City Staff Member Councilor The meeting was called to order at 1:45 p.m. by Ralph Perkins. APPROVAL OF MINUTES It was moved by Tom Hill, seconded by Burrell Lacey, and carried unanimously that the July 17, 1991 Minutes be approved. V-91-04. Variance request to reduce the interior side setback from 5 ft. to 6 inches for a proposed carport at 1921 Ardath Ave. Jane Engbrock The board was addressed by Jane Engbrock, applicant's wife. She stated the carport would be built in front of the accessory apartment located behind the main '.souse. It :•gas the only place they could place the carport because of the trees, fence, buildings, gas meter, city trashbin and renter's parking in the backyard. Mr. Lacey inquired how high the carport would be. Mr Mukerjee stated that 8 ft is about standard. Mr. Lacey was concerned about emergency equipment. Mr. Mukerjee said that ambulance and fire equipment park in the street or alley. After further discussion, Mr. Lacey noted that the house next door has a for sale sign. Mrs. Engbrock said the owner of the residence has no objection to their building the carport. Item No. Page No. _�_ Mr. Mukerjee reported that the staff recommended that the variance be granted subject to the following conditions: 1. Carport be constructed out of metal 2. Gutters and spouts be installed to direct drainage away from 40 the adjacent property 3. The carport cannot be enclosed or walled in. ' After further discussion, it was moved by Scott Cannaday that the request be approved based on all the criteria of Section 7340. Tom Hill seconded the motion. The vote on the request was 4 in favor, Cannaday, Hill, Lacey, Perkins, and one against, Roger Murphy. The Variance was granted. V-91-06. A Variance is rectuested to reduce the provisions of Section ' 3080 (6) which require that all structures must have a minimum of 5 feet separation from an interior side property ' line. Mr. J. Don Lyles, 2420 Brentwood , This request was presented to the Board by Mr. J. Don Lyles, applicant and owner of the property. Mr. Lyles stated that the staff report takes note that the owner at 2418 Brentwood objects to the variance but failed to take note that 5 adjoining neighbors wrote to approve and 16 residents in a 300 ft. radius have no objections. Also 2426 Brentwood's enclosed patio cover 1 ft. from interior side property line is a poolside cabana built after 1985 when the article ' was passed. Mr. Lyles said that 2418 Brentwood has violated the ordinance by having a lean to shed and also a metal storage building that are not masonry with cedar shingles which the covenant requires. Eight out of the ten neighbors have similar structures. Mr. Lyles said he would be deprived of the same rights. Mr. Mukerjee stated that by state law, a city that has zoning ordinances cannot enforce deed restrictions, and that all public responses have been provided to the board. Dr. Mustafa 2318 Brentwood (immediate neighbor) There must be a reason for having zoning restrictions in the city. His understanding is they are to: 1. Protect the value of property. 2. Establish means of understanding - between civilized people. What applies to one person should apply to another. All the neighbors that have signed are not immediate neighbors, maybe only 1 or 2. Most of them are at the end of the street or end of the block. Mr. Lyles started construction without a city permit or checking the zoning. He did mention building a small building, but it turned out to be huge. The building was taken down at Dr. Mustafa's objection. Mr. Charles Sloan, 2410 Merrimac Item No. Kitty Page No. �. Mr. Sloan told Mr. Lyles that if the height of the building were dropped 1/3, all that would be in view would be the shake shingles. Tom Foley. Developer of Brentwood Addition 1 One of the goals in developing Brentwood Addition was conformity. Any size structure is allowed, but the same materials must be used. Several violations or provision variances have been requested - some were denied, some approved. Ninety per cent of the reason for denial was structure arrangements. Dr. Mustafa Checked with an architect to see what it would do to his property value if Mr. Lyles's building were by his fence. The architect's opinion was it would decrease value and make it harder to sell. That would be a real negative factor. Mr. Mukerjee Minimum set back requirements is 5 feet. Reason for 5 feet is for fire safety, open space and separation of structures. Swimming pools are allowed in the interior set back area, so that is not a violation. Proposed structure was to be 10' wide and there is 13' of space between the property line and driveway. The applicant could move the structure 3 feet toward driveway, and still have a storage shed, and it would mitigate the visual impacts and privacy on neighbors. Dr. Mustafa previously stated he was also concerned about run off. Mr. Lyles told him at the time there would be a 22" drop from the building to the alley, and he would put gutters and a drain spout on the building to direct the runoff to the driveway and Dr. Mustafa could build a curb on his side of the fence. Mr. Lyles gave him five roof designs to choose from, and one was chosen. However, Dr. Mustafa objected to the building again and stated that everything was taking place too fast. At that time Mr. Lyles took the building down and filed for a variance. After further discussion, Mr. Cannaday stated the ordinance is clear on the subject. Mr. Lyles has used up all his space. Change locations and put the building against an alley. While you might have to do some excavation of a tree, that would be least offensive to the neighbors. M H P Item No. ' Page No. _ja_ Burrell Lacey made a motion to disapprove request V-91-06 based on Section 7340, A, C and D of the zoning ordinance. The motion was seconded by Scott Cannaday, and carried unanimously by vote of Perkins, Cannaday, Hill, Lacey and Murphy. The variance was disapproved. r The meeting adjourned 2.32 p.m. * Raflpft P rki , Chairman Dat Item No. ►A tv Page No.