Board of Adjustment

BOARD OF ADJUSTMENT MINUTES October 6, 2022 @ 5:00 p.m. The Board of Adjustment held a meeting on Thursday October 6, 2022 at 5:00 p.m. Members Present Chairman Blake Tarpley Vice-Chairman Don Jacimore Secretary Justin Cothren Wayne Cummings Wendell Miller Members Absent NONE Visitors Present: City Planner Sara Jondahl, Planner I Victoria Marchant, Planning Intern Bryson Kordsmeier, Planning Intern Caden Lemley, City Councilor Mark Tripp, David Clayton, Sherry Polsgrove, Al Ray Taylor, Cole Hendrix, Fred Teague, Jerad Dover, Roy Chisum, and Myriam Garcia. Welcome Visitors The First Order of Business is a request to review and approve the minutes of the Board of Adjustment September 1, 2022. Member Cothren made a motion to approve the minutes as written. The motion was seconded by Member Cummings and passed unanimously. The Second Order of Business is a variance to allow a remodel of a non-conforming structure located at 2274 S. Elmira Ave. (VARI-0822-000269) Planner I Marchant stated that the applicant originally applied to do an addition as well, but they are just proposing to remodel. She stated her staff report was based on the addition, but it does not change much. Planner I Marchant stated the property was located within the Cyclone Neighborhood, and it is an existing single family home. She stated this property is an R-2 medium density residential zoned property and is surrounded by other R-2 zoned properties. She stated the surrounding properties are single family homes, and there are also two churches adjacent. Planner I Marchant stated the applicant is requesting to remodel this nonconforming structure due to a fire that occurred in the attic of the structure causing both water and fire damage. She stated that staff has found the applicant has demonstrated that special conditions exist because this home was built before the current zoning code went into effect. She stated it is not the intent of the Zoning Code to prohibit property owners to remodel their homes. Staff recommends approval of this application as a result of the findings below: 1. The property is described as metes and bounds; and 2. The applicant has already submitted an Incidental Subdivision application; and 3. The home was built before current Zoning Code went into effect; and 4. It is not the intent of the Zoning Coe to prohibit property owners from remodeling their nonconforming homes; and 5. The applicant has demonstrated that special conditions exist; and 6. The applicant has met all of the other variance requirements. Member Cummings made a motion to approve as presented. The motion was seconded by Member Miller and passed unanimously. The Third Order of Business is an addition to a non-conforming structure located at 1820 S El Paso Ave. (VARI-0922-000278) Planner I Marchant stated this application is located within the Glenwood Neighborhood, and it is an existing single family home. She stated the property is zoned R-1 single family residential, and it is surrounded by R-1 zoned properties. She stated surrounding properties include uses such as single family homes and a duplex. Planner I Marchant stated that staff has found the applicant has demonstrated that special conditions exist because this home was built well before the current zoning code went into effect, and the addition they are proposing is in conformance with the current zoning code; it is the other side that does not meet the setback requirements. She stated it is not the intent of the Zoning Code to prohibit property owners to make additions to their homes when those additions are in conformance with the Russellville Zoning Code. Staff recommends approval of this application as a result of the findings below: 1. The home was built before current Zoning Code went into effect; and 2. It is not the intent of the Zoning Code to prohibit property owners to make additions to their homes when those additions are in conformance with the Russellville Zoning Code; and 3. The proposed additions to the home meet the setback requirements; and 4. The applicant has met all of the other variance requirements. Member Miller made a motion to approve as presented. The motion was seconded by Member Cummings and passed unanimously. The Fourth Order of Business is a variance from the accessory building square footage at 1304 Skyline Dr. (VARI-0922-000274) Planner I Marchant stated this application is located within the Marina Heights District, and the property is an existing single family residence as well as a vacant lot that is adjacent. She stated the property is zoned R-1 and is surrounded by R-1 zoned properties. She stated surrounding properties include single family homes and vacant lots. Planner I Marchant stated the applicant is proposing to build an additional accessory building on their property located at 1304 Skyline Drive. She stated they do have an existing accessory building, and they are proposing a new 24’ by 30’ accessory building on an adjacent property that they own. She stated the combined square footage of the accessory buildings on the property are greater than that allowed by code. Planner I Marchant stated that staff has found that the applicant has demonstrated that special conditions exist by the size of their property. She stated a typical R-1 lot is less than two acres in size, however, the applicant’s lots–the lot that their house is on and the lot that this building is going on–total out to 2.72 acres in size. Planner I Marchant stated it is worth noting that they do own approximately 8 or 9 acres, also adjacent to these properties, so they do own quite a bit of property adjacent as well. Staff recommends approval of this variance with the following conditions: 1. Submittal of an Incidental Subdivision application is required prior to building permit issuance. Based on the findings below: 1. The property is described as metes and bounds; and 2. The applicant has demonstrated that special conditions exist; and 3. The applicant has met all of the other variance requirements. Member Jacimore asked if there were any guidelines as to what they could put on the accessory structure as far as a facade goes. Planner I Marchant stated no, in a residential zone for residential use there are no design guidelines. Chairperson Tarpley asked if the criteria of making the property into lots was required by code. Planner I Marchant stated yes, currently in the Land Subdivision and Development Code there is an article that states we can not issue building permits to what are called metes and bounds properties which are not within a platted subdivision and have not been recorded in that way. She stated that as the code currently sits, yes this is a requirement of the code. Member Miller made a motion to approve as presented. The motion was seconded by Member Cummings and passed unanimously. The Fifth Order of Business is a variance from the accessory building square footage at 536 Riverstone. Planner I Marchant stated the application is located within the Old Post Recreational Area, and this is a vacant lot where a single family home is currently being constructed. She stated that as a part of their building permit they are requesting the accessory building as well. Planner I Marchant stated the property is zoned R-1 single family residential surrounded by R-1 zoned properties. She stated surrounding properties include single family homes and vacant lots. Planner I Marchant stated the applicant is proposing to build an accessory structure that is 2,600 square feet instead of the maximum allowed of 1,600 square feet. She stated that staff has found the applicant has demonstrated that special conditions exist by the size of their property. A typical R1 lot is less than two acres, however, the applicant’s lot is 4.00 Acres in size. Planner I Marchant stated the applicant has additionally shown that there will be little to no visual impact due to their home being setback from the road, the terrain of the lot, and their property being obstructed from neighboring homes by wooded areas. Staff recommends approval of this variance based on the findings below: 1. The applicant has demonstrated that special conditions exist; and 2. The applicant has met all of the other variance requirements. Member Miller made a motion to approve as presented. The motion was seconded by Member Jacimore and passed unanimously. Meeting adjourned. _____________________________