Board of Zoning Appeals (BZA)

BOARD OF ZONING APPEALS MINUTES January 31, 2024 PRESIDING: Mark Eisemann PRESENT: Casey Halsey, Judy Moore, Kent Barnow ALSO PRESENT: Jill Clifton, City Planner; Todd Ault, City Architect; Anna Krstulic, City Attorney; Pete Heaven, BZA Attorney; Jennifer Lee, City Administrator; Barbara Nelson, City Council Liaison (via Zoom); Jennifer Winfrey, Deputy City Clerk; Bryce Morgan, City Planner VISITORS: John Wind, Sara Kempf, Claire Cunningham, Matt Blashaw, Timothy Burgess, David Zimmer 1 Approval of Minutes – December 27, 2023 Mr. Barnow moved to approve the minutes. Ms. Moore seconded. Approved 4-0. 2 Approval of Resolution Granting Variance Approval of resolution regarding variance to replace Thomas & Susan Shortell a pool deck. 2202 W. 69th Ter. Mr. Halsey moved to approve the resolution. Mr. Barnow seconded. Approved 4-0. 3 Application for Variance Extend existing patio to include a firepit, and build Jason & Claire Cunningham new patio for outdoor grill (9.6-foot variances for 2340 Guilford Ln. each). Mr. Eisemann stated that the BZA will consider each patio separately. Mr. Eisemann moved to approve a 4-foot variance for the firepit patio extension. Mr. Halsey seconded. The BZA reviewed the conditions in Section 5-157 and unanimously agreed that all five conditions were met. Approved 4-0. Mr. Barnow moved to approve a 9-foot variance for the new outdoor grill patio. Ms. Moore seconded. The BZA reviewed the conditions in Section 5-157, and determined that two conditions were not met (subsection C – hardship, and subsection D – general spirit and intent of the Zoning Regulations). Motion failed. Mr. Barnow moved to approve a 4-foot variance for the new outdoor patio grill. Ms. Moore seconded. The BZA again reviewed the conditions in Section 5-157 and unanimously agreed that all five conditions were met. Approved 4-0. 4 Application for Variance Mr. Eisemann stated that the BZA will consider Timothy & Amantha Burgess each variance request separately. 6535 Belinder Ave. The BZA discussed the new patio room addition and whether it would be possible to pull it in so that a variance would not be necessary. The BZA noted that they denied a similar variance requested by a neighbor a few doors down from this property, and were not likely to approve this variance request. Mr. Burgess withdrew the variance request for the patio room addition. Mr. Halsey moved to approve a 6.5-foot variance for the pool deck. Mr. Barnow seconded. The BZA reviewed the conditions in Section 5-157 and unanimously agreed that all five conditions were met. Approved 4-0. 5 Appeal of ARB Decision November 28, 2023 ARB decision denying David & Diane Zimmer proposed location of a new generator. 5924 High Dr. Mr. Barnow moved to deny the appeal of ARB decision. Ms. Moore seconded. Denied 3-0. [Mr. Halsey left the meeting prior to the vote on this matter.]