Board of Adjustment

BOARD OF ADJUSTMENT MINUTES November 29, 2022 @ 5:00 p.m. The Board of Adjustment held a meeting on Thursday November 29, 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, Mayor-Elect Fred Teague, Kirk Warren, Diana Warren, Myriam Garcia, and Ben Gray. Welcome Visitors The First Order of Business is a request to review and approve the minutes of the Board of Adjustment November 3, 2022. Member Miller 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 request to table the Variance to allow an addition to a non-conforming structure and variance from the side yard setback, located at 1109 Parker Road. Member Miller made a motion to table. The motion was seconded by Member Jacimore and passed unanimously. The Third Order of Business is a request to withdraw the Variance from Article 3.13 allowing a swimming pool in the front yard, located at 2614 W 2nd Lane. Member Jacimore made a motion to withdraw. The motion was seconded by Member Miller and passed unanimously. The Fourth Order of Business is from the front yard setback requirement located at 2274 S. Elmira Ave. Planner I Marchant stated this is a request for a variance to remodel a non-conforming structure at 2274 S. Elmira Ave.. She stated that the existing conditions are that it is located within the Cyclone Neighborhood, and is an existing single family home. She stated this property is zoned R-2 (Medium Density Residential) and is surrounded by other R-2 zoned properties. She stated that surrounding properties are single family homes and two churches. Planner I Marchant stated that this application may seem familiar because the board saw it for a request to remodel a non-conforming structure in October. She stated that they had included this request in their original request and had withdrawn part of it, and they are back now requesting to make an addition to the rear of their house and the front of their house to extend the front bedroom encroaching on the front setback. Planner I Marchant stated that the rear addition meets the setback requirements, and the front addition will first consist of continuing a concrete pad and the roof to create an extension of the porch until the applicant has the funds to completely enclose the addition as part of the front bedroom. She stated that the addition will not encroach on the front setback any further than the existing structure. Planner I Marchant stated that this saddition is due to future concerns of ADA accessibility. The applicant has had multiple back surgeries and will likely have another next year. The applicant currently uses walking assistance in numerous situations just not full time at this moment. She stated that the applicant has demonstrated special conditions for the non-confroming addition exist as the location of the addition to allow better navigation of the front bedroom to address forthcoming ADA accessibility concerns. Staff recommends approval of this application as a result of the findings below: 1. The property is described at 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 Code to prohibit property owners from remodeling their conforming homes; and 5. The applicant has demonstrated that special conditions exist; and 6. The applicant has met all of the other variance requirements. Chairman Tarpley stated that they did not have anyone signed up to speak on this item. Planner I Marchant confirmed that no one had signed up to speak. Member Miller made a motion to approve the variance request as presented. The motion was seconded by Member Cummings and passed unanimously. The Fifth Order of Business is a Variance from Article 3.1 to allow a combined accessory building total square footage higher than allowed, located at 1820 Marina Road. Planning Intern Lemley stated that this is a variance from the accessory structure setback requirement and construction of an accessory structure greater than the maximum allowed. He stated that the existing conditions are it is located within the Marina Heights. He stated this is a vacant lot where a single family home is currently being constructed. Planning Intern Lemley stated that it is an R-1 (Single Family Residential) zoned property surrounded by other R-1 zone properties. He stated that surrounding properties include other single family homes and vacant lots. Planning Intern Lemley stated that the application is to allow the construction of an accessory structure that is closer to the front property line than the plane of the primary structure’s font facade and that is 2,400 square feet instead of the maximum allowed of 1,600 square feet. He stated that staff has found that the applicant has demonstrated that special conditions exist by the size of their property. He stated that a typical R1 lot is less than two acres, however, the applicant’s lot is 4.51 acres in size. Planning Intern Lemley stated that the applicant has additionally shown that there will be little to no visual impact due to their home being set back 300 ft from the road, the accessory structure will substantially duplicate the primary structure, and their property being obstructed from neighboring homes by wooded areas. He stated that proposed use is in conformance with the Table of Permitted Uses and the granting of this variance is in harmony with the purpose and intent of the code. Staff recommends approval of this application as a result of 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 the variance request as present. The motion was seconded by Member Cothren and passed unanimously. The Sixth Order of Business is a request to withdraw the Variance from the front yard setback requirement, located at 208 N Cleveland. Member Miller made a motion to withdraw. The motion was seconded by Member Jacimore and passed unanimously. Meeting adjourned. _____________________________