Board of Zoning Appeals

BOARD OF ZONING APPEALS The regular meeting of the Board of Zoning Appeals was held on August 3, 2017, at 7:00 p.m. in the Public Safety Building located at 500 Quincy Street. President Majic called the meeting to order at 7:00 p.m. ROLL CALL OF MEMBERS Present President Majic Absent Board Member Manchin Board Member Shultz Board Member Deasy Board Member Ragen City Staff Present City Planner, Sandra Scaffidi Senior Staff Assistant, Maria Cipolla APPROVAL OF MINUTES President Majic asked for a motion to approve the minutes from July 7, 2017. Board Member Manchin motioned to approve the minutes. Board Member Ragan seconded the motion. Motion carried 5-0. PUBLIC HEARINGS FOR August 3, 2017 1. Laura J. Davison of 608 Maryland Avenue is requesting the following variances: From City Code Section 5.7.1 Encroachments which allows open decks and patios to encroach upon the rear yard setback five feet. The applicant wishes to allow the encroachment of a deck to zero feet of the rear setback; from City Code Section 5.7.3 Encroachments to allow a ramp to be constructed within the side yard setback within three feet of the lot line. The applicant wishes to place a raised deck around an existing pool in the rear yard, as well as a handicap ramp in the side yard. The zone is General Residential and is identified as tax parcel 5-5-164. President Majic: Is there anyone to speak in favor of this request? Charles Smith: I live next door to these people. They are good neighbors. I think you should grant the variance because they have surveyed the lot. They know where their property line is located. I know they will do the work the way it is supposed to be done. I understand the variance and why we have the law, but I think we should grant the variance because they have asked to do it. They are good neighbors. I don’t have a problem with what they are asking to do. Thank you. President Majic: Is there anybody else to speak in favor of this request? Laura Davison and her husband, Jerod Davison came up to the podium to speak: We currently have a swimming pool that is within five feet of our property line. I understand the setback is five feet from the property line, but that would not give us much of a deck. President Majic: How many feet of a deck do you think you would have if you met the current setback? Laura Davison: We would have about 2 ½ feet. But on the side, I want to put a ramp because of my ninety-two year old Dad, started living with me at the end of May. Our steps in the front, that are half-moon shaped and made of stone, going into the house are quite steep; they are old, and not real wide. The back patio, that is currently there, has about Page 1 of 5 five steps, but that is where we will have the deck to get up into the house. The only other way is going into our garage and he would have to go up a flight of twelve steps. Getting my father in and out of the house is difficult. He is currently on heart medicine. He is supposed to walk every day, but anyway we try to get outside is cumbersome now. He gets winded. Having the ramp on the side and the deck is going to help me for when I go outside because then he can come outside and watch me. I have a baby monitor I take outside with me now. He doesn’t like to be alone. I can go in the bathroom for a few minutes and he forgets that I went in there. He has Sun Downers. President Majic: In this picture (holding up a drawing the applicant provided to the Planning Department), is the deck going to be on this side of the pool? Laura Davison: Yes, because there is not much space on this side. It is like walking the plank. Jerod Davison: The property line is five feet six inches from the house. Right now, there is a concrete pad out the back door and steps from the driveway. President Majic: I was just wondering how many feet there is between the house and this side of the pool to see if there is a chance to put the deck on this of the pool instead of over here. Jerod Davison: There is 16 feet from the house to the (unfinished sentence). Laura Davison: We have a driveway right here. This is the side we want the deck. We have a driveway. President Majic: What about doing the deck in between the house and the pool? Jerod Davison: That is what we are talking about doing. Laura Davison: But I want it to wrap around. President Majic: So then this isn’t the issue? The issue is on the side? Laura Davison: Right. Because if we did do it the way it is supposed to be, then you would look at (unfinished thought). We also have a hot tub that we bought. If we would do it, the pool, that would be where the deck was. I won’t have anywhere to put my hot tub. If we did it this way, there is really no place to put furniture. There is not much room. Mr. Davison: It is a small yard. Laura Davison: Our yard is the size of a postage stamp. President Majic: I see what you are saying. You want that walk way on the left side and have it wrap around it (pool). Laura Davison: There is no way to put it on the front. Here are the front steps my Dad has to use. See how steep they are? We have railings. With our frontage, you can’t have a ramp. There is no room. You would have to wrap it around. (Inaudible discussion) President Majic: That certainly helps me understand. Laura Davison: Here is our back patio right now (pointing at a map they brought with them). We have moved everything out. We have taken everything off of the steps. If we went the five feet, you would be looking at the second or third step. That’s all we would have to the pool. There isn’t that much space. We want to come out. Page 2 of 5 President Majic: You want to be able to walk out of your house and go from the concrete, to the deck, to the pool. Sandra Scaffidi: You want it all one level. Laura Davison: Yeah. President Majic: Do you have anything else you would like to add at this time? Laura Davison: Help. This is my next door neighbor (pointing at Charles Smith). It is on his side. Board Member Manchin: I am looking at the rendering that they brought up. It looks different than the drawing that was submitted with the application. Have things changed? It looks like the deck is on both sides of the pool on the rendering. Mr. & Mrs. Davison are explaining why they have different renderings before the Board. They are not standing in front of the podium or a speaker. A second conversation is also taking place. Both are inaudible. President Majic: Is there anyone to speak against this request? There were none. Sandra Scaffidi: I am following a strict interpretation of the Code. It states that only patios and open decks are allowed to encroach within five feet of the property line. I know this seems like a simplistic request, but it is against our Code. I am just going to go through the five zoning code questions: 1. Will not adversely affect the public health, safety or welfare of the rights of adjacent property owners, residents or the neighborhood; Staff Analysis: A rear deck or ramp will not affect the public health, safety or welfare of adjacent property owners. 2. Arises from special conditions or attributes which pertain to the property seeking the variance; Staff Analysis: No. This request does not arise from special conditions which pertain to the property. The owner would like to make her property more accessible. 3. Would eliminate an unnecessary hardship and permit a reasonable use of the land; Staff Analysis: No. There does not appear to be a hardship. 4. Will allow the intent of the Zoning Ordinance to be observed and substantial justice done; Staff Analysis: No. This request is against the express standards of the zoning code and will not allow the intent of the Zoning Ordinance to be observed. 5. Is the minimum variance that will accomplish this purpose: Staff Analysis: It appears so. I would like to state, Section 5.7.3 states that a ramp meeting ADA requirements may be placed forward of the required setback provided it is set back a minimum of three feet from any lot line. If that is the case, and they have five feet with a little bit more, from their building to the property line, that means they can have a ramp currently of two feet within the Code without a variance. They have not yet decided how large they would like this ramp. I think we would need at least three feet for a proper ramp. It would also have to meet the ADA requirements of the slope. I do think there is a way we could work with the applicant and try to make this work, but unfortunately I have to recommend against the current design as stated for the rear deck, but I would be amenable to granting a one foot variance for the ramp. President Majic: Thank you. President Majic: Do any of the Commissioners have any questions or comments at this time? Board Member Deasy: My concern was with the ramp, but Sandra addressed that. As you know, the ramp has to be one width if a person is ambulatory and a greater width if they require a wheel chair or some kind of device. Page 3 of 5 Board Member Shultz: The width is going to be dependent on whether he is in a wheelchair or not. If he is moving in that direction, we would want to accommodate that from the beginning. President Majic: Do I have a motion to close the public hearing? Board Member Manchin: I motion to close the public hearing. Board Member Deasy seconded the motion. Motion carried 5-0. Board Member Manchin: Is there any way they can work their deck so they would have the five foot setback and they would not need to ask for the variance? Is that a possibility? Sandra Scaffidi: It is my understanding that the edge of the pool is right on that five foot setback. Board Member Manchin: So based off of this picture here, you are saying this edge is the five foot line? O.K. Sandra Scaffidi: Yes. Board Member Manchin: Instead of the deck being on this side, could it be over here instead? Then you could have your deck to the hot tub, but instead of this side, have the deck on the other side. Laura Davison (speaking from her seat; not very clear): The other side is along the driveway and we have a stone wall. It is like a walking plank. There is no room. Board Member Manchin is having a conversation with the Davidsons. They are not at the podium. It is inaudible. Laura Davison: We special ordered a hot tub already. It is 82x82. Board Member Manchin: I know all of you are great friends and neighbors, but this is also for the people who move in after someone moves out. That is really why these zoning laws are in place, because it is also for the new people who move into the neighborhood, as well. I don’t know if any new neighbors might be objectionable to this. That is why they write all these rules. Laura Davison: When you buy something, you look at it and have it surveyed, if that is the case, don’t buy it. Buyer beware. President Majic: We are looking at two variance requests here; one for the rear deck,; the other is for the ramp. The Board Members and the Davidsons continued to discuss their request. They are not at the podium in the beginning. The Davidsons came up to where the Boards Members are sitting, as well. It is not clear who they are with throughout the conversation. The conversation is not audible in its entirety. Board Member Shultz: My concern right now is, at this point, I am hearing a lot of ‘may haves.’ You don’t have an exact [plan/idea] for what the construction is. Laura Davison: We have changed it several times. Board Member Shultz: Right. So now you are asking us to give you a variance when we are not even sure what you are going to be doing. Page 4 of 5 Laura Davison: In my opinion, we definitely want everything to be on the property line; which is 5.6 feet from the house. We want all of that. I want it all one level but, as you go out by the tree, I want a step down to our tree so that there is shade for anyone to sit under. The size isn’t changing, just the different things to it. What does the width of a ramp need to be? Board Member Deasy: It would have to be by ADA guidelines. President Majic: That is something we need to find out. But, the public hearing has been closed, so I have to ask that all of you have a seat, please. Sandra Scaffidi: The only outside agency concern expressed was from the fire department which stated that while they have no jurisdiction for single family houses, a combustible deck could assist in fire spreading, although the risk is very low. President Majic: We are open for approvals or denials; however, you made a good point. That drawing is not to scale. It is not that definite. I am afraid if we vote based on that, I don’t know what we are voting on. Board Member Shultz: Right now, I would like to make a motion that we table this; that they finalize their plans so we have more and a definite on what you are doing. You are talking about a fence around the pool at the deck level. That would be a variance, as well. Laura Davison: It will be sitting on top of the deck not on the ground. I already said that was what I wanted to do. It is in my drawings. It says fence with an arrow. Maria Cipolla: I believe Ken Fletcher, our code enforcement officer, told them they could have that fence. President Majic: We have a motion to table this request. Do I have second? Laura Davison: Are you talking another month? President Majic: Yes. Laura Davison: We are looking at another month. That will put us into September. I go through a lot already (Mrs. Davison left the room). Board Member Deasy seconded the motion. Motion carried 5-0. DISPOSITION OF PAST CASES None OTHER BUSINESS None Staff Updates None ADJOURNMENT President Majic asks for a motion to adjourn. Board Member Shultz motioned to adjourn. Board Member Ragen seconded the motion. Motion carried 5-0 Page 5 of 5