Board of Zoning Appeals

BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on July 2, 2015 at 7:00 p.m. in the Public Safety Building located at 500 Quincy Street. President Richard Wood called the meeting to order at 7:00 p.m. and asked for a roll call. ROLL CALL OF MEMBERS Present Absent President Richard Wood Vice President Kevin McClung Board Member John Six Board Member Joe Manchin Board Member Raymond Friend City Staff Present Interim City Planner Mark Miller Recording Secretary Maria Cipolla APPROVAL OF MINUTES President Richard Wood asked for a motion to approve the minutes from June 4, 2015. Board Member John Six motioned to approve the minutes. Board Member Ray Friend seconded the motion. Minutes were approved 3-0. PUBLIC HEARINGS FOR July 2, 2015 President Richard Wood: Public Hearing #1. James Robert Hendricks is requesting a 10’ accessory structure setback variance (Article 3.1.2, F) to construct a garage at 610 Fifth Street (Tax Map 03-03, Parcel 97). President Richard Wood asked for a staff report from Interim City Planner, Mark Miller Mark Miller said, I hope everyone had a chance to see all the work Mr. Hendricks has done on the corner of Fifth & Benoni Avenues. He would like to build a garage on the alley side. Article 3.1.2, F states a garage with overhead doors facing an alley should be setback a minimum of 20’ from the pavement edge. It slopes considerably from the alley down to Benoni. He is requesting a 10’ variance to place it closer to the alley. If we allow him to place it there, he won’t need to add considerable fill material at the bottom giving him a more stable foundation. This is not a very heavily traffic alleyway. Staff doesn’t really see any danger just having the 10’ setback instead of the 20’ setback. There are no negative agency comments. Staff recommends approval of the variance. President Richard Wood asks if applicant was present to speak in favor of this. Mr. James Hendricks (AKA Bob) brought his computer to show the Board pictures of his property. He set this up and used it during his presentation. Bob stated one of the houses next to him had been demolished and causes the terrain to drop off dramatically. If I build a 26’ width garage, it would go over that area. This would require additional foundation support which would add additional cost to the project. The contractors all agree it would be much better if Page 1 of 4 I could get this variance because it would be in a more secure location. The foundation and the structure would be sounder on more solid ground. President Wood asked, if you move it back into that area (pointed at the picture) you would have to add additional fill or is it the fill already there that would need to be compacted again before you can start? Mr. Hendricks said it was more the first situation. President Wood said, if you walk up and down the alleys, you will see many of the garages are right up to the alleyway. One of the reasons they changed this (the setback) to 20’ back, is because people were virtually pulling out blind into the alley before they could see if anyone was coming. My question is, is 10’ enough for you to clear the garage door so you are not pulling right out into the alley blind? Mr. Hendricks said, Yes, I believe it is. I believe the contractor would state the same. There is a pretty good width on the other side of the alley too. It is not as narrow in that particular spot. The 10’ would give about 22’ to 23’ radius to turn which should be plenty to turn. President Wood added, that was the other problem. You can’t drive on the neighbor’s property to turn into a garage when it is right on the alley. It is only a 15’ alleyway. President Richard Wood asked if the Board had any questions at this time. There were none. President Richard Wood asked if there was anyone else to speak in favor of the project. There were none. President Richard Wood asked if there was anyone to speak against this project. There were none. President Richard Wood asked for a motion to close the public hearing. Board Member Friend motioned to close. Board Member Six seconded the motion. Motion in favor 3-0 President Richard Wood asked if there were any discussions or questions at this time. Board Member Six stated, I had been out there several times. He has had the property at 608 raised and the garage would be sitting on the backside of it. Because of that and the destruction of the previous garage, I don’t see an issue with him coming out of his garage. He can see in both directions quite well. I don’t see a problem with this variance. Page 2 of 4 Mark Miller said, one discussion I know we had when we did the 20’ setback was there is a tendency when you have a garage to not actually park in it. This is another reason we looked at the 20’ setback. This allows enough room to park a vehicle in front of the garage. The 10’ would give him proper sight to get in and out of the garage. Board Member Six said, with the length of the vehicles now, 10’ would not allow him to park right there. President Richard Wood said, if you had a Rav-4, you can clear the garage and can see up and down the alley. If you have a Ford F-250, I’m not sure you could pull that one off. Board Member Six stated he can see in both directions as he pulls out quite well. President Wood said there was a comment this alleyway is not heavily traveled. President Wood asked for a motion. Board Member John Six made a motion to approve. Board Member Ray Friend seconded the motion. Motion in favor is 3-0 President Richard Wood: Public Hearing # 2 Michael and Donna Carpenter are requesting 3’ side yard setback variance (Article 3.1.1, F) to permit the installation of a new manufactured home at 342 Satterfield Street (Tax Map 05- 08, parcel 184). President Richard Wood asked for the staff report from Interim City Planner, Mark Miller. Mark Miller stated, Mr. & Mrs. Carpenter are tearing down an existing house and bring in a manufactured home. He would like to keep the existing garage. In order to place the home they have chosen, they are asking we allow them to place the structure five feet from the side. The only agency comment we received was that we need to maintain at least that five feet or he will have to do some sort of fire separation. President Richard Wood asked how close the house is on the other side. Board Member John Six stated there is not a house on the right hand side. There is one on the left hand side. The existing structure and the house are only about 2 to 3 feet apart. The over hangs now are within 1 ½ feet of each other. With the variance, they will be moving it further away if we grant the variance. President Wood asked if there was a reason the house couldn’t be closer to the garage. Is there a fire or building code preventing this? President Wood asked the applicant to speak in favor of this. Michael Carpenter said, we have been looking at manufactured homes and the sizes that would suit us are all spread out instead of being a square home. We need the extra room so that we can buy a home they already have that we like. With the pre-existing structure, it was right on top of the house next door so no matter what it is going to be an improvement. The garage is really nice. That is why I primarily brought the property. I like the garage and it has beautiful scenery behind it as well. President Wood said, you included a drawing. According to your drawing, this is where you need the variance (Mr. Wood is pointed at the drawing). You have 10’ between the house and the garage. My question is, why can’t you move the whole thing back three feet and then you don’t need the variance and you still have seven feet between the garage and the house. I was asking staff because I thought maybe there was a fire issue or a structural issue. I just don’t understand why we need a variance at all. Page 3 of 4 Michael Carpenter said, the garage was put on the property not square so the distance at the top is only about two feet. By the time they place the manufactured home on the existing basement, they won’t have enough clearance. There would not be enough clearance for them to bring in the new home with the overhang. They have to be able to roll it right where it has to be, they can’t shift it. They cannot use a crane due to the power lines. Board Member Six asked, where the concrete is now on the side of the house, there is a window well and a gas meter adjoining and part of the house next door. What is going to become of that when you tear down your house? Michael Carpenter stated, the window well and gas meter are on my property but I will be easy on their place like it was my own home. I will be modifying for the neighbor next door. President Richard Wood asked if there was anyone else to speak in favor of this proposal. There were none. President Richard Wood asked if there was anyone to speak against this proposal. There were none President Richard Wood asked for a motion to close the public hearing Board Member Friend motioned to close the hearing. Board Member Six seconded the motion. Motion carried 3-0 President Richard Wood asked for a motion at this time if there is no further discussion. Board Member Ray Friend motioned to approve. Board Member John Six seconded the motion. Motion in favor is 3-0 DISPOSITION OF PAST CASES None OTHER BUSINESS The Board members and the Interim City Planner, Mark Miller had a brief discussion of possibly having an appeal for a decision made about a non-conforming billboard that was taken down on Locust Avenue across from Wings Ole. The applicant was told the billboard cannot go back up. ADJOURNMENT President Richard Wood asks for a motion to adjourn. Board Member John Six motioned to adjourn. Page 4 of 4