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HomeMy WebLinkAbout02-25-2016 Minutes Mayor Commissioners Rusty Johnson John Grogan, District 1 Rosemary Wilsen, District 2 City Manager Angel de la Portilla, District 3 . ,_ Robert Frank .- - - Joel F. Keller, District 4 florida BOARD OF ADJUSTMENT FEBRUARY 25, 2016 MINUTES 6:00 PM I. Call to Order - 6:02 PM Member Colburn called the meeting to order at 6:02 p.m. in the Commission Chambers at City Hall. Member Colburn also led the Invocation and Member Carpenter led the Pledge of Allegiance to the Flag; the Clerk called roll and declared a quorum. Roll Call and Determination of Quorum Present: Chair Williams, Vice Chair Colburn, Member Carpenter, Member Vines, and Alt. Member Dorn. Also present were City Planner Rumer, Planner Jones, Assistant City Attorney Crosby-Collier, and Recording Clerk Sibbitt. Absent: Member Wrobel. Elections Member Williams nominated herself for the open Chair position. As no other nominations were received a vote was taken. Motion: Move to appoint Member Williams as Chair of the Board of Adjustment. As there were no objections; Motion carried unanimously. The gavel was handed to Chair Williams who solicited a nomination for the Vice Chair position. Member Colburn nominated himself for the open Vice Chair position, but further shared he is only doing so since everyone else on the board are new members; he has been a longstanding member for many years. Motion: Move to appoint Member Colburn as Vice Chair of the Board of Adjustment. As there were no objections; Motion carried unanimously. II. Consent Agenda APPROVAL OF MINUTES-AUGUST 28, 2014 - 6:06 PM Motion: Move to approve the minutes of the August 28, 2014, Board of Adjustment Meeting. Moved by Member Carpenter, seconded by Vice Chair Colburn; Motion carried unanimously. III. Old Business - None IV. New Business - 6:07 PM Hodge Variance VR-16-01 23 Cedar Key Court Planner Jones presented exhibits and the staff report for the five (5) different variance requests by applicant, Frank Hodge. The first variance is to allow an accessory structure (carport) in the front yard. The second is a front yard setback variance from 20 ft. to four (4) ft. The third is a front yard setback variance from 20 ft. to 8.5 ft. The fourth is a side yard setback variance from 7.5 ft. to zero (0) ft. The fifth variance is a reduction in the minimum separation between structures from five (5) ft. to one (1) ft. BACKGROUND The subject property is located on Lot 23 of Pioneer Key Park subdivision. RECOMMENDATION Based on the findings stated in the staff report, staff does not find the variance requested by Frank Hodge supportable; however, staff is not against it either. Additionally, there have been no objections received by neighbors regarding these variance requests. DISCUSSION - 6:11 PM Member Carpenter inquired if there is anywhere else on the property that Mr. Hodge can put the accessory structure that would not warrant a variance. Planner Jones advised that he is not able to put the structure in the rear of his property, because he does not have much rear setback. Vice Chair Colburn touched on the subject that was mentioned in the staff report in regards to special privileges. He opined that this is a unique piece of property and is being maintained very well; and, if nothing else, the addition of the structure is only going to add value to this property. Chair Williams inquired if the existing concrete pad is allowable or is that in violation. Planner Jones advised that it is non-conforming legal, because it was done prior to when the code changed. Alternate Member Dorn briefly commented on the appearance of the subdivision. He further asked for clarification on the two front yard setbacks for which Planner Jones explained. Alt. Member Dorn said he drove through the subdivision and did not notice any other detached carports. He opined that one of the ways to make improvements in an area is to encourage property owners to improve their property. He feels a carport shows that an owner cares about his property when investing a few dollars to improve it. Alt. Member Dorn inquired if the carport could be attached to the main living structure so it would not require a variance. City Planner Rumer answered that attaching the carport would create a complex level of plans to be reviewed. Alt. Member Dorn inquired if pole-type structures with a fabric cover also require a building permit. City Planner Rumer answered in the affirmative. Frank Hodge, applicant, said he moved into his home 39 years ago; and up until the road renovations were done by the City, his carport was covered by a canopy, which was allowed during that time. Once the road renovations were completed residents were told they could not have canopies, which he understands since it is an eyesore. City Planner Rumer briefly explained that road and drainage renovations were done by the City including the addition of sidewalks and fences. During that time the City did a code enforcement blitz on structures that were not to code or did not have permits. Mr. Hodge is trying to permit this new structure, which is a good step. Chair Williams shared her concerns with the staff's recommendation that this variance is not supportable and according to code. As one of the longest-standing members of the Board of Adjustment, Vice Chair Colburn briefly explained what is normally done when they have a request of variance before them. Assistant City Attorney Crosby-Collier added that staff would recommend that they go through the elements listed in the staff report and take public testimony to support the findings for their motion. There are various factors that they may want to discuss as they make their findings of fact. Member Carpenter commented the fact that there is not another location on Mr. Hodge's property for the structure shows that he is not just putting it there for his convenience. That helps to weigh in favor of possibly granting that variance request. Alt. Member Dorn added that Mr. Hodge's property is on a cul-de-sac, which there is no through traffic that would see his carport other than a few homes on that street. Additionally, his neighbors have been notified, and they have not objected to it. At the Chair's request the board went through and further discussed the four elements listed on the staff report. The public hearing was opened. Mayor Rusty Johnson, 21 W. Delaware Street, said that he has known Mr. Hodge for many years, and he is the only gentleman that parks his vehicle where he is supposed to; not in the street as his neighbors do. He further commented that Mr. Hodge has done a great job in maintaining his property and is doing this legally through the system and not just putting it up without permits and asking for forgiveness. The public hearing was closed. Alt. Member Dorn inquired from staff if it is true that parking is not allowed in the cul-de- sac since he did not observe any "No parking" signs in the subdivision. Planner Jones advised he does not have knowledge of that; however, in driving through the subdivision he has witnessed plenty of cars parked on the road. It was briefly explained that each unit is supposed to have two parking spaces. Further explanation was given on the existing property line for the Hodge's property after the sidewalk was installed. Brief discussion ensued. 6:39 PM Motion: Move that the Board of Adjustment recommend to the City Commission approval of the Hodge Variance VR-16-01 23 Cedar Key Court request based on factual interpretation of code requirements and public testimony related to such provisions. Moved by Vice Chair Colburn, seconded by Member Carpenter; Motion carried unanimously. V. Other Business VI. Comments City Planner Rumer advised that he just wanted to make the board members aware that the City will be beginning its downtown study process, and they will be sending invitations out to the members for their first meeting in March. This will be a public kick off meeting. Further explanation was given on the downtown study and the areas that will be included in the study. VII. Adjournment - 6:43 PM Motion: Move to adiourn the meeting. Moved by Alt. Member Dorn, seconded by Member Vines; Motion carried unanimously. jefif___ I'LLA Melanie Sibbitt, Deputy City Clerk