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HomeMy WebLinkAboutBoard of Adjustments and Appeals - 08/10/2000 APPROVED MINUTES BOARD OF ADJUSTMENTS & APPEALS THURSDAY,AUGUST 10, 2000 7:00 P.M. CITY CENTER Council Chamber 8080 Mitchell Road BOARD: Cliff Dunham, Chairperson; William Ford; Louis Giglio; Ismail Ismail; Michael O'Leary and Mary Vasaly STAFF: Jean Johnson, Zoning Administrator Carol Pelzel, Recorder GUESTS: Don Richard, 12205 Sunnybrook Road; Ike Dughenbaugh, Contractor for 12481 Sunnybrook Road CALL TO ORDER Chairperson Dunham called the meeting to order at 7:05 p.m. ROLL CALL—PLEDGE OF ALLEGIANCE Present: Cliff Dunham, Ismail Ismail, Michael O'Leary and Mary Vasaly Absent: William Ford and Louis Giglio I. APPROVAL OF AGENDA Motion/Second: Vasaly/Ismail, to approve the agenda as presented. Motion carried, 4-0. II. APPROVAL OF MINUTES Minutes of June 8, 2000. Motion/Second: Ismail/Vasaly, to approve the June 8 minutes as published. Motion carried 4-0. Minutes Board of Adjustments &Appeals August 10, 2000 III: VARIANCES A. Request#2000-08 by Don and Ellen Richard, 12205 Sunnybrook Road, for approval to add a 6' x 26' porch to the front of a non-conforming house, creating a side setback of 52' one side, 97' total for both sides (Rural District setbacks require 150' total for both sides). Don Richard explained that this property is zoned Rural and the home was built in 1962. Their intent is to modify the porch within the current footprint of the existing dwelling. The porch will break up the front elevation. Richard said he feels the addition will be an aesthetic improvement to the house and to the neighborhood. He explained that there is an existing porch on the front of the house. The proposed porch will extend to the west side of the house and the overhang on the other side of the house will be removed. In response to a question from Ismail regarding the bay window, Richard explained that the bay window would remain where it is and the entrance to the porch will be the same as the existing front door. Jean Johnson presented the staff report stating that this one acre property is located in a residential guided area and is zoned Rural. City sewer and water was connected to this property in 1989. Johnson explained that an option to be considered by the owner is the rezoning of this property to R1-13.5, which would allow them the future ability to do other additions without variances. There are three options the Board may want to consider. The first would be to consider the request as submitted; the second would be to deny the request and refer the applicant to the rezoning process; or, the third option would be to act on the request and place a condition that the applicant apply for rezoning in a certain timeframe. Ismail asked what would be involved in applying for rezoning. Johnson explained that the rezoning process would take approximately three months and would involve submitting plans and drawings. It would also be more costly than the variance request. The advantages of the rezoning for the City would be the elimination of these rural areas and would result in uniform enforcement of existing codes. Vasaly explained that the porch work does not seem to be significant. Johnson pointed out that it is not a significant change to the house and the degree of the request and uniqueness of each property must be considered. Dunham opened the public hearing. Having no one appear, Dunham closed the public hearing. 2 Minutes Board of Adjustments &Appeals August 10, 2000 O'Leary asked what would be most advantageous for the applicant; to have this variance approved or to rezone so that they are allowed to make other improvements. Richard explained that they have no intention of doing any other remodeling at this time. Vasaly believed the porch is not adding to the life of the building which appears well maintained. Ismail said he agrees with Vasaly and the change will not be noticeable. It is a small addition and the property has had proper upkeep. Dunham said he does not have a problem with the request and asked if the applicant would be opposed to a condition requiring that they apply for rezoning within a certain timeframe. Richard responded that they do not have a problem with this property being zoned rural. Johnson explained that the Community Development Department will possibly be looking at a different fee schedule for one lot rezoning and in the long run it would be beneficial to the homeowners to have the property rezoned. Vasaly said if this were a major addition or multiple improvements she would be in favor of the rezoning condition, however, she does not feel it is appropriate for this request and she would not vote in favor of a motion with the rezoning condition. Ismail said he too would not be in favor of the condition and would vote against it. Motion/Second: Vasaly/Ismail, to approve Request#2000-08 with the stated hardship being the existing conditions of the property. The motion carried, 4-0. B. Request#2000-09 by Bob and Carrie Claus, 12491 Sunnybrook Road, to add a 16' x 17' addition to the back of a non-conforming house creating a side setback of 34.7' one side, 65.1' total for both sides (Rural District setbacks require 150' total for both sides). Ike Dughenbaugh, contractor for the applicant, explained that this request is for a room addition to the rear of the house. Ismail asked what is proposed for the open deck in the back. Dughenbaugh answered that the deck will be removed and the addition will replace it. The applicant has no intention of replacing the deck once it is removed. The proposed addition will be used as a family room. Johnson presented the staff report explaining that this property is approximately one- half acre, zoned Rural. This home was built in 1962 and the area to the northwest and southwest of this property has been rezoned to R1-13.5. This property has not yet been connected to City sewer and water. Johnson explained that the rezoning issues are the same as those previously presented in Case#2000-08. Johnson pointed out that rezoning of this property would require hookup to City sewer and water or an agreement to hookup when the existing system fails. Dughenbaugh explained that the property owner recently built an expensive septic system and would not be interested in hooking up to the City's system. Dunham opened the public hearing. Having no one appear, Dunham closed the public hearing. 3 Minutes Board of Adjustments &Appeals August 10, 2000 Vasaly pointed out that this request is different from the one previously considered. This property is surrounded by property zoned R1-13.5 and seems that it should be in conformity with the rest of the surrounding neighborhood. This addition, however does not increase the structure by more than seven inches. Dunham pointed out that this is an entirely different piece of property than the one previously considered. They can only assume that down the road the applicant will want to do other additions and he would recommend that the applicant seek rezoning. Dughenbaugh pointed out that one of the issues regarding rezoning not discussed is the cost. The fees are approximately$1,000 and they would have to abandon the well and septic system, which was recently built. Time is also an issue. Vasaly explained that the argument being made is that the hardship is based on the homes in the surrounding area being closer to the lot line. However, this property should be zoned to a R1 District the same as those around it. Motion/Second: Vasaly/Ismail to approve Request#2000-09 with a condition that the applicant applies for rezoning within 18 months and the hardship being that the property is already a non-conforming use and the non-conforming use will be removed once the property is rezoned. The Board asked if the future rezoning fee could be reduced by the variance fee already paid. Johnson stated possibly, the City is working on reducing the rezoning application fees some time next year to make it less expensive for single existing homes on small Rural lots to be rezoned. Vote was called on the motion with all members present voting aye. The motion carried, 4-0. IV. NEW BUSINESS Johnson reported that Vasaly would be leaving this Board. She is moving out of the City and will no longer be eligible to serve on the Board of Adjustments and Appeals. On behalf of the Board, Dunham expressed his appreciation to Vasaly for the time she has spent serving on this Board. VI. ADJOURNMENT Motion/Second: Ismail/Vasaly, to adjourn the meeting at 8:00 p.m. Motion carried, 4-0. 4