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HomeMy WebLinkAboutBOA 04-28-11 4�I ro . f °r MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD APRIL 28, 2011 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 Chairman called roll and declared a quorum. PRESENT: Chairman Resnik, Members Colburn, Elliott, Wilsen, and Alternate Member Cadle. Also present were City Planner Rumer, Planning Technician Jones, Assistant City Attorney Watson, and Deputy City Clerk Sibbitt. ABSENT: Member Warren and Alternate Member Robinson were absent excused. APPROVAL OF MINUTES — JULY 22, 2010 Alternate Member Cadle, seconded by Member Elliott, moved to approve the minutes of July 22, 2010. Motion carried 5 -0. OLD BUSINESS - None NEW BUSINESS VALLARIO (698 MT. PLEASANT DRIVE) — VR -11 -01 Planning Technician Jones presented exhibits and the staff report for the Variance located at 698 Mt. Pleasant Drive. BACKGROUND The applicants, Lawrence and Tamara Vallario are requesting a rear -yard setback variance from 25 feet to 20 %2 feet for a proposed room addition to the main dwelling structure. The proposed addition is a covered lanai with a half bath. The room addition will be added to the rear of the existing dwelling structure. The main dwelling structure was constructed in 2002 on a lot platted in the Brookestone Subdivision. The house is located on a corner lot. The proposed addition will comply with both front yard setbacks. x, fez r RECOMMENDATION Based on the findings, staff does not find the variance to meet any of the criteria's according to Subsection 4 -9A in the Land Development Code. If the Board of Adjustment makes a recommendation to approve the variance, staff recommends that any approval be conditioned on factual interpretation of code requirements and public testimony related to such provisions. • =4' Board of Adjustment Regular Meeting April 28, 2011 DISCUSSION Alternate Member Cadle inquired as to what the configuration of the room will be. He further inquired if it will be enclosed. Planning Technician Jones stated as far as he is aware, one side of the room will be closed in and the other will be open. He advised that the applicant is available to answer specifics of the room. Member Wilsen inquired as to what is staff's recommendation. Planning Technician Jones stated that the variance does not meet the criteria; however, because it is only a 4 '/2 foot encroachment and the room will not conflict any of the neighbors, staff does not see it has a major issue. City Planner Rumer advised that the four criteria for approving a variance are very strict criteria. For this particular variance, it does not meet the criteria but they did try to help the applicant make it more approvable by providing as much evidences as they can to show support for it. Member Wilsen inquired if the kz' surrounding properties have been advised of this variance. City Planner Rumer stated that the property has been posted with a sign, as well as, the 300 foot notices sent out to residences near the property. Member Colburn inquired if the setbacks in between properties were 7.6 feet. City Planner Rumer stated that was correct because the property to the rear is a side facing lot. Member Wilsen inquired as to how many of the surrounding homeowners have objected to this variance. Planning Technician Jones stated he has received many inquiries regarding the variance but no objections. Chairman Resnik announced to the audience that the Board of Adjustment is present tonight to hear testimony and only make a recommendation to the City Commission. He stated the City Commission has the final say. It is up to the applicant to make the case on why there might be any certain circumstances to allow the variance. Lawrence Vallario, applicant, stated the reason for the application is that they are hoping to build an outdoor summer kitchen. He briefly explained the outdoor kitchen and further stated they are trying to create a little bit of privacy from the street which is why they also chose to put up a wall. Member Elliott inquired if the solid wall would be facing the street side. Mr. Vallario answered affirmative. He further inquired if it would be a solid or screen roof. Mr. Vallario stated they are looking to build a solid roof due to protect the appliances. He further added they also have plans to remove the screen enclosure from around the pool to make it an open air space since they have two dogs. They would be fencing in the yard. Member Wilsen inquired if the roof would be the same composition as the existing roof. Mr. Vallario answered affirmative. Alternate Member Cadle inquired if they have looked at building the summer kitchen that they want within the setbacks. Mr. Vallario stated they could build the lanai within the setbacks but it would be much smaller and a lot more cramped then they would like. 2 Board of Adjustment Regular Meeting April 28, 2011 The Public Hearing was opened. Member Elliott inquired as to what is the furthest dimension from the setback should be to the outer home point. Planning Technician Jones stated it would be the 4 1 /2 feet that was mentioned. Kayla Collins, Chair of the Brookestone HOA Architectural Review Board (ARB), briefly stated that she is not there to dissuade or persuade the board in any way but she would like to make it a matter of record that the homeowner has not made any submittal to the ARB. They are hearing tonight for the first time as to what the homeowner's plans are. She further added she would just like to clarify that whether this variance is approved or not the homeowner must submit and have approval from the ARB. Member Wilsen inquired if there are any adjacent homes or homes near the area that have had a variance similar to the one being requested tonight. City Planner Rumer stated there have not been any. Member Wilsen further inquired if the encroachment would cause any safety issues. City Planner Rumer stated there will not be any sight issues. He further stated the city has been approving a lot of 20 foot rear setbacks on developments so 20 foot in not uncommon. Member Wilsen inquired from City Planner Rumer, if in his opinion, would the addition add value to the home and property. City Planner Rumer stated he would not be able to comment on that. Alternate Member Cadle commented that if they were struggling for a reason to allow the variance, a reason for hardship could be the irregular shape of the lot. If the lot was parallel to the back of the house then they probably would not be in this situation. Chairman Resnik stated he read the letter the homeowners submitted and wanted clarification from the City Attorney. The letter submitted by Ms. Collins stated that the HOA would hold final approval and he did not believe that to be true. Assistant City Attorney Watson stated that what the HOA does is independent from what they city's action will be City Planner Rumer advised that the city did council the applicant to get an HOA approval letter but they had asked to proceed. Member Colburn inquired if he could get the city's factual interpretation of the code. City Planner Rumer briefly explained it would be the criteria they mentioned which deals with the hardship. So, if 3 lh Board of Adjustment Regular Meeting April 28, 2011 the board makes the decision to deny it then it would be based on the criteria cited but if they chose approval then it is based on public testimony and the exhibits presented. Mr. Vallario clarified that it was always their intention to apply to the HOA for approval for this and the only reason why they decided to get the variance approval first was because if it was not approved then they would have changed their plans. The Public Hearing was closed Member Colburn, seconded by Member Elliott, moved to recommend to City Commission the approval of the request for Vallario Variance — 698 Mt Pleasant Dr. based on the conditions on factual interpretations, the code requirements, and the public testimony related to the provisions. Motion carried unanimously. OTHER BUSINESS ELECTION OF CHAIR AND VICE CHAIR Chairman Resnik inquired if the clerk could please explain the election and voting process since it has been a while since one has been done. Deputy City Clerk Sibbitt advised that they will need a nomination to be made and then a vote will be taken by show of hands. Member Colburn, seconded by Member Wilsen, moved to nominate John Resnik to continue serving as Chairman for the board. Mr. Resnik accepted the nomination. Motion carried unanimously. Chairman Resnik, seconded by Member Colburn, moved to nominate Fred Wilsen to serve as Vice Chair of the board. Mr. Wilsen accepted the nomination. Motion carried unanimously. COMMENTS City Planner Rumer announced that if they were at the Volunteer Appreciation Dinner and he did not get a chance to acknowledge them, please accept his apology for he had to leave early. 4 F yr, Board of Adjustment Regular Meeting April 28, 2011 ADJOURNMENT The meeting adjourned at 6:24 p.m. \ i 4 i ... Melanie Sibbitt, Deputy City Clerk John Resnik, Chairman 0 TIM Ktsni K 5