Loading...
HomeMy WebLinkAbout08/14/08 MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD AUGUST 14, 2008 CALL TO ORDER Chairman Resnik called the meeting to order at 6:00 p.m. in the Commission Chambers at City Hall. Member Colburn led the Invocation and Chairman Resnik led the Pledge of Allegiance to the Flag. The Clerk called roll and declared a quorum. PRESENT: Chairman Resnik, Members Colburn, Warren, Wilsen (arrived at 6:02 p.m.), and Alternate Member Elliott. Also present were Principal Planner Rumer, and Deputy City Clerk Sibbitt. ABSENT: Member Cox was absent unexcused. APPROVAL OF MINUTES - JULY 19, 2007 Member Warren. seconded bv Chairman Resnik. moved to approve the minutes of Julv 19. 2007. Motion carried 5-0. NEW BUSINESS MARTINEZ - VR-08-003 - 2317 WICKDALE COURT Principal Planner Rumer presented exhibits and the staff report for the Martinez Variance located at 2317 Wickdale Court. BACKGROUND This variance application requests that a proposed sunroom addition at 2317 Wickdale Court be allowed to encroach 15 feet into the 25 foot rear yard setback. The proposed sunroom would be used as a Florida room. The applicant contracted with Conner Home Improvements Inc. to build the addition and submitted for building permits. Due to the 25' setback the building permit was rejected. The subject parcel is also adjacent to a 25 foot Conservation Easement and a Stormwater Pond located at the rear of the property. RECOMMENDATION Staff does not believe the variance requested by David and Vivian Martinez is supportable. 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. DISCUSSION Member Wilsen inquired if there were similar variances in this subdivision. Principal Planner Rumer stated last year they had a variance request for a setback of 25 feet to 14 feet. Member Wilsen inquired if any of the neighbors objected to the variance. Principal Planner Rumer stated they submitted a letter from each of their neighbors and no one is present to object. Board of Adjustment Regular Meeting August 14, 2008 Member Colburn stated he feels like a precedent has been set and there is not much decision needed. Principal Planner Rumer added that the City has a maximum impervious requirement on a lot and with this addition the applicant is still under the maximum allowed impervious. The Public Hearing was opened, and as no one wished to speak, the Public Hearing was closed. Member Colburn. seconded bv Member Wilsen. moved to recommend to City Commission the approval of the request for Martinez Variance. Motion carried unanimously. MARY LOU CHANDLER - VR-08-004 - 1401 RIDGEFIELD AVENUE Principal Planner Rumer presented exhibits and the staff report for the Mary Lou Chandler Variance located at 1401 Ridgefield Avenue. BACKGROUND This variance application requests that a shed located at 1401 Ridgefield A venue be permitted to encroach two feet into the five foot side yard setback. The shed is 12x14 and is required by code to be located a minimum of 5 feet from the side yard setback. The applicant contracted with a company to install a shed in the rear yard. The shed was placed and affixed at a distance of three feet from the side yard property line instead of the required five feet. The applicant is in the building permit process and approval is contingent upon receiving a variance or relocating to the five feet minimum setback. There will be no electrical added to the shed and there is no Homeowner's Association involved. RECOMMENDATION Staff does not believe the variance requested by Mary Lou Chandler is supportable. 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. DISCUSSION Member Colburn inquired if this shed was replacing an existing shed that was already there. Principal Planner Rumer stated the previous shed was three feet from the property line but it appears on the survey that it was less than 120 feet in size. He further stated the previous shed may not have been permitted before. The applicant simply replaced the old shed with a newer larger shed and affixed it to the ground. Member Warren inquired how the shed was affixed to the ground. Mary Lou Chandler, 2 Board of Adjustment Regular Meeting August 14, 2008 applicant, stated the shed is anchored with four 4x4's underneath and eight earth anchors drilled into the ground as well as three feet of cement. She added that the previous shed was very flimsy and she replaced it because she has a severally handicapped son and needed the shed for storage for diapers and other medical supplies. Ms. Chandler stated she asked her neighbors ahead of time and they did not have a problem with it. Chairman Resnik inquired if she received a permit. Principal Planner Rumer stated that during the building permit process one of the rejections was that she needed to receive the variance before they would approve the permit. Ms. Chandler briefly explained that she had submitted for the permit before the shed was delivered not knowing there would be any issues; when the shed was dropped off they put it in the same place and went ahead and anchored everything down. When she called for her first inspection is when she realized there was an issue. She then applied for the variance. Member Colburn inquired if a permit is required just to replace an existing shed with a newer shed. Principal Planner Rumer stated a permit is required due to hurricane requirements needing to be met. The Public Hearing was opened, and as no one wished to speak, the Public Hearing was closed. Member Warren. seconded bv Alternate Member Elliott. moved to recommend to City Commission the approval of the request for Marv Lou Chandler Variance. Motion carried unanimously. COMMENTS Principal Planner Rumer announced they would be beginning their Evaluation Assessment Process of their Comprehension Plan and will be having some visioning meetings. Announcements regarding the meetings will be sent out to various boards and HOA's to have people attend. ADJOURNMENT The meeting adjourned at 6: 17 p.m. ~ JJJJf " Melanie Sibbitt, Deputy City Clerk dlrl" ~ ~c jl)l-I^ VJ..tT^:0 ~hn Resnik, Chairman 'Oob Co UOq.r~ 3