Board of Adjustment

BOARD OF ADJUSTMENT MINUTES November 2, 2023 @ 5:00 p.m. The Board of Adjustment held a meeting on Thursday November 2, 2023 at 5:00 p.m. Members Present Wendell Miller, Chairman Don Jacimore, Vice Chairman Justin Cothren Wayne Cummings Members Absent Josh Stroud Visitors Present: City Planner Sara Jondahl, Planner I Victoria Marchant, Planning Assistant Caden Lemley, Andy Gonzalez, Dairel Sanchez, Colton Grace, Kelsey Grace. Welcome Visitors The First Order of Business is a request to review and approve the minutes of the Board of Adjustment October 5, 2023. Member Jacimore made a 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 15 allowing a reduction in the front yard setback requirement located at 909 S Glenwood. Submitted by Dariel Sanchez. (VARI-1023- 000439) Planning Assistant Lemley stated that located at 909 S Glenwood Ave, this is a variance from the front setback requirements. He stated that located within the Glenwood Neighborhood, this is an existing Single Family Home. He stated that it is zoned R-2 and is surrounded by other R-2 zoned properties. He stated that surrounding properties include other single family homes. Planning Assistant Lemley stated that the application is to allow an addition to the front of a structure that is non-conforming as it encroaches on the front setback. He stated that they are proposing to enclose their existing front porch and add a new front porch that would be 4’ long. He stated that staff has not found that the applicant had demonstrated that special conditions exist as increasing the curb appeal is not grounds for special conditions, and the granting of the variance is not a variance allowing reasonable use of the land. He stated that all other variance requirements had been met. It is staff’s recommendation that the Board of Adjustment deny this variance request based on the findings below: 1. The applicant has not demonstrated that special conditions exist; and 2. The granting of this variance would add to the non-compliance of a non-conforming structure; and 3. The granting of this variance is not in harmony with the purpose and intent of the Code; and 4. The granting of the variance is not a variance allowing reasonable use of the land. Andy Gonzalez stated that he is Dariel’s nephew. He stated that beyond curb appeal they are concerned with enclosing the front porch while building a new front porch so that water does not come up into the house. Member Cummings asked Planning Assistant Lemley if since this is already non-conforming, does the Board of Adjustment have the authority to make a decision on this matter. Planning Assistant Lemley deferred the question to City Planner Jondahl who stated that they did have authority on this matter because this use is not “not permitted” and that they are just reducing what the required setback is. She stated that staff is not allowed to vary on these regulations or expand the non-conforming status since it is already non conforming. Member Jacimore asked Planning Assistant Lemley if this structure was the normal distance away from the street when compared to other structures on the street. Planning Assistant Lemley stated that yes, most homes on the street encroach on the front setback. He stated that it is zoned R-2 and the required front setback is 25’. Member Cummings asked Planning Assistant Lemley if this addition would put the structure closer to the road. Planning Assistant Lemley stated that it would by 4’. Member Cothren asked Mr. Gonzalez if the problem was that the house sat too low for the water. Mr. Gonzalez replied that when it rains the water rushes towards the door, so it would get inside the house. Member Jacimore made a motion to approve the variance request. The motion was seconded by Member Cummings and passed unanimously. The Third Order of Business is a Variance from Article 4.3 requiring a physical barrier six (6) feet in height where a commercial zone abuts a residential zone located at 215 W Tacoma. Submitted by Colton and Kelsea Grace on behalf of Emmett Barnes. (VARI-1023-000442) Planner I Marchant stated that this is variance at 215 W Tacoma. She stated that this is a variance from the fence requirements in Article 4.3. Planner I Marchant stated that the existing conditions are that this property is currently vacant. She stated that the applicant recently started utilizing the lot to store their trailers for sale. She stated taht the property is located adjacent to a car modifying business, pet groomer, and off road tire to the north, a residential subdivision to the south, residential properties to the east, and a vacant property to the west. She stated that this property is zoned C-2 Highway Commercial with properties to the north, east, and west also zoned C-2, the residential subdivision to the south is zoned R-1 single family residential. Planner I Marchant stated that the application is to allow a physical barrier requirement between commercial uses/zones and residential uses/zones to be waived. She stated that staff has found the applicant has demonstrated that special conditions exist due to the topography of the land as well as the existing wooded area. She stated that due to the steep incline just behind this property a 6’ privacy fence would not help shield this property from the abutting residential uses. She stated that, additionally, the area between this new business and the existing residential uses is heavily wooded blocking the view of this business from the residences. She stated that the applicant has met all other variance requirements. It is staff’s recommendation that the Board of Adjustment approve this variance request based on the findings below: 1. The applicant has demonstrated that special conditions exist; and 2. The applicant has met all other variance requirements. Member Cummings motioned to approve the variance request. The motion was seconded by Member Cothren and passed unanimously. Meeting Adjourned _______________________ Chairperson