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HomeMy WebLinkAbout07/19/07 MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD JULY 19, 2007 CALL TO ORDER Chairman Resnik called the meeting to order at 6:56 p.m. in the Commission Chambers at City Hall. He led the Pledge of Allegiance to the Flag and the invocation. The clerk called roll and declared a quorum. PRESENT: Chairman Resnik, Members Colburn and Cox. Also present were Principal Planner Rumer, City Attorney Rosenthal, and Recording Clerk Moseley. ABSENT: Members Warren and Wilsen were excused. APPROVAL OF MINUTES Approval of Minutes of June 21, 2007 Member Colburn. seconded bv Member Cox. moved to avvrove the minutes of June 21. 2007. Motion carried 3-0. NEW BUSINESS MYERS - VR-07-004 PUBLIC HEARING Principal Planner Rumer presented exhibits and the staff report for the Myers Variance located at 1005 Armada Court. BACKGROUND & DISCUSSION The existing residence, built in 1982, is a single family, one-story structure on a 0.17 :I:: acre lot. The applicant is requesting a 17'xI6' bathroom addition be allowed to encroach 11 feet into the 25 foot rear yard setback. The bathroom is located immediately off the bedroom and will feature a large shower with a bench and a whirlpool bath tub. The applicant stated as part of the application that he is 100% totally and permanently disabled and needs a larger shower for mobility and his wife has severer osteo-arthritis, and was prescribed daily use of a whirlpool bath from her doctor. RECOMMENDATION Staff does .not believe the variance requested by Glenn Myers is supportable since the addition could be built to the side of the house and meet all code requirements. Should the Board of Adjustment make a finding contrary to staff s interpretation of the code, staff recommends that any approval be conditioned on factual interpretation of code requirements and public testimony related to such provisions. The public hearing was opened. Glen L. Myers, applicant, explained that he had a heart condition for 20-25 years and last September had a pace maker put in and his lungs are going as well. His bathroom is Board of Adjustment Regular Meeting July 19, 2007 located directly in the middle of the house and has no bath tub, only a shower that he has to step up into. He said his doctor recommended he get a whirlpool tub and a larger shower and it would only fit on the back of the house. He was not aware of the setback requirement until after he drew out the plans and set the plumbing and Bruce Dunford called notifying him his permit was rejected. He was dismayed because Orange County gave him several surveys and none showed that setback requirement. Chairman Resnik asked why he did not get the permit before starting any work. Mr. Myers said he thought he needed all separate permits for the plumbing, electrical, windows, construction, etc., but was not aware that he needed them before he started. He started the plumbing layout, but has not connected anything yet and stopped completely once he heard it was a problem. Principal Planner Rumer explained the porch was 10ft. and the room addition extends out 6 ft. further than the porch. Member Colburn asked if he could have built a separate building closer to the yard line, but not an attached building. Principal Planner Rumer said yes, a detached building must be 5 ft. from house and can be closer to the property line. He added that notices were sent to all of Mr. Myer's neighbors within 300 ft. The public hearing was closed Member Colburn. seconded bv Member Cox. moved to recommend to Citv Commission the approval of the reauest for Glen Mvers Variance and look at the stipulations from the prior meetinI! of the Board of Adiustment. Motion carried unanimouslv. COMMENTS Principal Planner Rumer reported that the City Commission approved the two variances and made a motion for staff to review the stipulations for rear setback variances. ADJOURNMENT The meeting adjourned at 7:08 p.m. -1~rJ7l~~ Holly Moseley, Recording Clerk 2