Board of Adjustment

BOARD OF ADJUSTMENT MINUTES October 26th, 2020 @ 5:00 p.m. The Board of Adjustment held a virtual meeting on Monday October 26, 2020 at 5:00 p.m. Members Present Vice Chairman Scott Sanders Secretary Justin Cothren Don Jacimore John Choate Members Absent Chairman Wendell Miller Visitors Present: City Planner Sara Jondahl, Public Works Director Kenneth Duvall, City Engineer Glenn Newman, Planner I Victoria Marchant, Flood Manager Ben Gray, Jim Lynch of City Corporation, Deputy Building Official Bill Clark, Nathan Barber, Jim Lanier, Phyllis Hammond, Gary Jones, Welcome Visitors The First Order of Business is a request to review and approve the minutes of the Board of Adjustment September 28, 2020 meeting. Member Jacimore made the motion to approve the minutes as written. The motion was seconded by Member Cothren and passed unanimously. The Second order of business is a variance from Article 12 allowing a side yard setback of 2’ despite the 8’ requirement for this zone, located at 602 E 10th Street. Submitted by Phyllis Hammond on behalf of George Ragsdale. Planner I Marchant stated that this is an application to allow an addition to a non-conforming structure that does not meet the area requirements for the district. This property is located in the Oakland Neighborhood, this is a single-family residence. It is a R2 zoned property surrounded by other residential zoned properties. Planner I Marchant continued in Article 9.3.2 the Board of Adjustment has been given specific guidelines in order to grant a variance. 1. Applicant demonstrates that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands. Staff has found the applicant has demonstrated that special conditions exist because the home was built before the current zoning code went into effect.  2. Non-conforming uses in the area shall not be considered grounds for granting a variance. No other non-conforming uses in the area were considered as grounds for granting this variance. 3. The application demonstrates reasons that justify a variance and the variance is the minimum to make reasonable use of the land. The granting of the variance is the minimum variance allowing reasonable use of land. 4. Make a finding that granting the variance will be in harmony with the general purpose and intent of the zoning code. The granting of this variance is in harmony with the purpose and intent of the code. 5. The Board of Adjustment may prescribe appropriate conditions and safeguards. There are no additional safeguards required. 6. The Board of Adjustment may not grant a variance to allow a use not permissible in the zone code. The proposed use is in conformance with the Table of Permitted Uses. It is staff’s recommendation that the Board of Adjustment approve this variance request based on the findings: 1.The home was built before current Zoning Code went into effect; and 2.The applicant has met all of the other variance requirements. Member Jacimore made a motion to approve as presented. Member Choate seconded the motion to approve and it was passed unanimously. The Third order of business is a variance from Article 12 allowing a single family home to be built on a lot that does not meet the Area Requirements for the zone, located at 820 W 2nd Street. Submitted by Gary Jones on behalf of Raymond Jackson. Planner I Marchant stated that is application is to allow a variance in the area requirements for a C2 district, the applicant is requesting an approximately 1,200 square foot variance in the lot area requirements. Planner I Marchant added that this property is Located in the West Main District, this is currently an empty lot where a single family home was previously located. It is a C-2 zoned property surrounded by other commercially zoned properties. The applicant is proposing to build a single family home on a lot that has previously had a single family home. The lot is approximately 4,800 square feet where the lot area requirement for a single family home being built in a C-2 is 6,000 square feet. The applicants proposed plans for the single family home meet all other area requirements, such as the setbacks. During review of the application staff did discover that the proposed structure would be built over lot lines, therefore the property will need to go through the incidental subdivision process. In Article 9.3.2 the Board of Adjustment has been given specific guidelines in order to grant a variance. Staff has found that the applicant has demonstrated that special conditions exist that are peculiar to the land because this lot was platted in 1991. This was before the current Zoning Code went into effect and therefore before the lot area requirements were as they are now. The applicant must submit an Incidental Subdivision application prior to building permit issuance. The applicant must complete the Incidental Subdivision process prior to Certificate of Occupancy. Planner I Marchant continued to add that it is staff’s recommendation that the Board of Adjustment approve this variance request with the following conditions: 1. The applicant must submit an Incidental Subdivision application prior to building permit issuance; and 2. The Incidental Subdivision process must be completed prior to Certificate of Occupancy being issued. Based on the findings below: 1. The proposed house will be built over lot lines; and 2. The lot was platted before the current zoning code went into effect; and 3. The application meets all other variance requirements. Member Choate made a motion to approve as presented. Member Jacimore seconded the motion to approve and it was approved unanimously. The Fourth item of business is a variance from Article 12 allowing a front yard setback of 19 feet despite the 25-foot requirement, located at 2011 E Parkway Drive. Submitted by Max Lawton. Item was requested to be TABLED by applicant at the September and October meetings. Vice Chairman Sanders made a motion to close the meeting Meeting adjourned.