Board of Adjustment

BOARD OF ADJUSTMENT MINUTES December 17, 2018 The Board of Adjustment held its regular monthly meeting on Monday, December 17, 2018, at 5:00 p.m., in the Council Chambers at City Hall. Members Present Chairman Lannis Nicholson Vice-Chair Wendell Miller Rob Caldwell Members Absent Secretary Karen Yarbrough Steve Hubbard Alderman Brown (non-voter) Visitors Present: Contract Planner Juliet Richey/Carver, Attorney Trey Smith, Planning Assistant Lequitta Jones, Jim Lynch/City Corp, Zane Bryson/City Corp, Floodplain Manager Ben Gray, and Dave Garza of Barrett & Associates. Welcome Visitors The First Order of Business was a request to review and approve the minutes of the November 26, 2018 meeting. Member Miller made the motion to approve the minutes as written. The motion was seconded by Commissioner Hubbard and passed unanimously. The Second Order of Business was a public hearing requesting approval for a variance from the 1600sf requirement to allow construction of a 36’ X 40’ accessary building (total combined square foot of buildings 3384sf), for property located at 1050 Marina Way. Submitted by Dave Garza on behalf of Melanie Hale. (BOA.18.12.3647) Planner Richey said this request is to approve a variance to allow the construction of a 1440sf accessory building to house boats/miscellaneous vehicles and equipment. The Zoning Code permits a maximum of 1600sf for accessory structures. The total combined square footage of accessory would be 3384 sf. Additionally, a variance is sought for the height requirements for the accessory structure, as it may exceed the 18’ eave height allowed, though the structure will not exceed the height of the primary structure. The Comments from the Staff: 1) The proposed and existing structures on site will cover less than 5% of the total area of the lot. The code stipulates that accessory structures should not cover more than 10% of the lot. 2) The structure will meet the setback requirements for the primary structure. 3) If the structure were connected via an enclosed breezeway, a variance would not be needed. As such, staff views the structure as a practical extension of the primary structure and an accessory structure. 4) Approval would not likely result in harm on adjacent property or harm the public welfare. The Recommendation for Action: Approval 1) The Zoning Code’s provisions regulating accessory structures are unfairly punitive towards large lots. The proposed structure will cover a proportionally smaller area on the lot than would be typical for a normal city lot. As such, a hardship exists that prevents owners of large lots from enjoyment of their property in a similar fashion to owners of smaller lots. Commissioner Miller made the motion to approve the variance. The motion was seconded by Member Caldwell and passed unanimously. Adjourned. _________________________ Chairman Lannis Nichols