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HomeMy WebLinkAboutBOA 06-18-09 MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD JUNE 18,2009 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 the Pledge of Allegiance to the Flag; the Clerk called roll and declared a quorum. PRESENT: Chairman Resnik, Members Colburn, Warren, Wilsen, and Alternate Members Elliott and Cadle. Also present were Principal Planner Rumer, and Deputy City Clerk Sibbitt. ABSENT: Member Cox was absent unexcused. APPROVAL OF MINUTES - OCTOBER 16, 2008 Chairman Resnik stated that Member Colburn did inform him that at the last meeting he did the invocation and it was not a moment of silence. Member Warren. seconded bv Member Wi/sen. moved to approve the minutes of October 16. 2008. Motion carried 5-0. OLD BUSINESS - None NEW BUSINESS 325 SPRINGFOOT COURT - VR-09-02 Principal Planner Rumer presented exhibits and the staff report for the Variance located at 325 Springfoot Court. BACKGROUND This variance application requests that a proposed replacement fence at 325 Springfoot Court be allowed to be replaced on the side street property line. The existing fence located on the property line was approved in May 2001, under building permit 0006416. The City passed Ordinance 2007-005 in 2007 creating Section 5-4.1 in the Land Development Code which grandfathered fences erected prior to January 1, 2000, as legal non-conforming structures. Grandfathered fences are allowed to be repaired and replaced in the location they were constructed. This existing fence does not meet the grandfathering criteria as it was permitted in May of2001. RECOMMENDATION Based on several findings, staff does find the variance requested by Megan Stringer supportable. Should the Board of Adjustment make a finding consistent to staff s, staff recommends that any approval be conditioned on factual interpretation of code requirements and public testimony related to such provisions.. Board of Adjustment Regular Meeting June 18,2009 DISCUSSION Member Colburn stated he went out there and he sees absolutely no problem with visibility when you are pulling out with your car. He further commends them for putting up a new fence. The Public Hearing was opened Megan Stringer, homeowner for 325 Springfoot Court, stated she purchased the home in 2002 and did not put up the fence. It was put up by the previous owner. They are going to replace the fence with wood (board on board). The Public Hearing was closed Member Colburn. seconded bv Alternate Member Elliott. moved to recommend to Citv Commission the avproval of the request for Strin$!er Variance per staff's recommendation. Motion carried unanimouslv. 2111 CASABA COVE AVENUE - VR-09-01 Principal Planner Rumer presented exhibits and the staff report for the Variance located at 2111 Casaba Cove Avenue. BACKGROUND This variance application requests that an existing fence at 2111 Casaba cove Ave, be allowed to be located 7.6 feet from the side street property line. The fence was constructed in 2003 without a permit. Code Enforcement recently did a sweep of the neighborhood and cited the owners for not pulling the proper permit. The property owner is seeking the variance from 15 feet to 7.6 feet as the first step in the permit process. Since the fence was constructed, the property owners installed a pond water feature on the inside of the fence. If the variance is denied, the water feature will have to be removed. The City passed Ordinance 2007-005 in 2007 creating Section 5-4.1 in the Land Development Code which grandfathered fences erected prior to January 1, 2000, as legal non-conforming structures. Grandfathered fences are allowed to be repaired and replaced in the location they were constructed. This existing fence does not meet the grandfathering criteria as it was constructed in 2003. 2 Board of Adjustment Regular Meeting June 18, 2009 RECOMMENDATION Based on several findings, staff does find the variance requested by William Dalstra supportable. Should the Board of Adjustment make a finding consistent to staff s, staff recommends that any approval be conditioned on factual interpretation of code requirements and public testimony related to such provisions. DISCUSSION The Public Hearing was opened Member Colburn stated he drove by this property and the fence looks very nice. Chairman Resnik inquired if you need a permit to build a pond. Principal Planner Rumer stated that they would need an electrical permit to hook up the water feature. Member Wilsen inquired if they installed the fence in 2003 to replace an existing fence. Mr. Dalstra stated the fence was put up in 2003 when the house was built. Chairman Resnik inquired if he knew he needed a permit when he put the fence in. Mr. Dalstra stated they hired a contractor to put the fence in. Member Elliott stated that the contractor should have been responsible because he hired them to do the job and they should have pulled a permit. Mr. Dalstra stated he agrees and they would have gone back to the contractor, but unfortunately with this being several years ago they can not remember the name of the person who put in the fence. Member Elliott commented that this is one of those situations where you beg for forgiveness instead of asking for permission and they need to think about what type of precedent they are setting since it is after the fact. The Public Hearing was closed Member Warren. seconded bv Member Colburn. moved to recommend to Citv Commission the approval of the request for Dalstra Variance ver staff's recommendation. Motion carried 4-1 with Member Elliott ovvosin$!. OTHER BUSINESS - None 3 Board of Adjustment Regular Meeting June 18,2009 COMMENTS Principal Planner Rumer stated they have another fence variance that will be coming before the board. Chairman Resnik inquired as to what the fee is for a variance. Principal Planner Rumer stated it was reduced from $500 to a $250 flat fee. Member Wilsen inquired if it was true that on occasion the City Commission can waive the fee. Principal Planner Rumer stated in his experience the Commission has not waived any of the application fees. A brief discussion ensued regarding the City Commission's vote being different from their recommendations and as to why variances are rarely brought before the board. ADJOURNMENT The meeting adjourned at 6:22 p.m. ~. .jJLt/ Melanie Sib bitt, Deputy City Clerk 4