Board of Adjustment Meeting

City of Slidell, Louisiana Board of Zoning Adjustment Agenda April 3, 2025 at 7:00pm Council Chambers, 2045 2nd St, Slidell, LA Agenda packet available at myslidell.com/planning/boards/bza For questions or to provide public comment before the meeting, email BZA1@cityofslidell.org or call (985) 646-4320 (M-F 8am to 4:30pm) SCAN ME for the BZA website 1. Call to Order and Roll Call 2. Pledge of Allegiance 3. Minutes. Review and approve minutes from December 5, 2024 4. Public Hearings a. V25-01: A request for a variance from area regulations in the A-6 Single-Family Urban district; for property located at 3623 Riviera Drive; identified as Lot 150, Square 9, in Lakeshore Village Subdivision. b. V25-02: A request for a variance from area regulations in the A-6 Single-Family Urban district; for property located at 763 Pine Tree Street; identified as Lot 17, Square 7, Pine Crest Subdivision. 5. Other Business 6. General and Public Comments 7. Adjournment The next Board of Zoning Adjustment meeting will be May 1, 2025. Board of Zoning Adjustment Agenda for April 3, 2025 Page 1 of 1  City of Slidell, Louisiana Board of Adjustment Minutes December 5, 2024 at 7:00 p.m. Council Chambers, 2045 2nd St, Slidell, LA 1. Call to Order and Roll Call. Meeting called to order by Chair West at 6:53 p.m. Commissioners Present Commissioners Not Present Staff Present Christy West, Chair Patrick Brady Danny McElmurray, Planning Director Daniel Laurant Sharon Jacobs Erica Smith, Planning Secretary Billy Provenzano Travis Thompson 2. Pledge of Allegiance 3. Minutes. Motion by Commissioner Laurant to approve minutes of December 7, 2023 as written; Commissioner Provenzano seconded. A vote of 4 YAYS, 0 NAYS, 0 ABSTAIN approved the minutes. 4. Public Hearings a. There were no public hearings for this meeting. 5. Other Business a. Election of Chair and Vice Chair for 2025 Introduced by Chair West. Chair West nominated Daniel Laurant for Chair of the Board of Adjustment for 2025. Commissioner Provenzano seconded. Daniel Laurant was elected Chair of the Board of Adjustment for 2025 on a vote of 4 YAYS, 0 NAYS, 0 ABSTAIN. Chair West nominated herself as Vice Chair of the Board of Adjustment for 2025. Commissioner Laurant seconded. Christy West was voted Vice Chair of the Board of Adjustment for 2025 on a vote of 4 YAYS, 0 NAYS, 0 ABSTAIN. b. Adoption of the 2025 Meeting Calendar Introduced by Chair West. Commissioner Provenzano made a motion to approve the 2025 Meeting Calendar. The motion was seconded by Commissioner Thompson. A vote of 4 YAYS, 0 NAYS, 0 ABSTAIN approved the adoption of the 2025 Meeting Calendar. c. Unified Development Code Update Director McElmurray provided the Commission with a brief update on the UDC. 6. General and Public Comments. There were none. 7. Adjournment. Meeting adjourned at 7:05 p.m. on motion by Commissioner Provenzano, seconded by Commissioner Thompson, and a vote of 4 YAYS, 0 NAYS, 0 ABSTAIN. Board of Adjustment Minutes for December 5, 2024 Page 1 of 1  Staff Report Case No. V25-01 Variance for Side Yard Setback at Planning Department 3623 Riviera Drive 985.646.4320 | 250 Bouscaren St, Ste 203, Slidell, LA 70458 | planningdept@cityofslidell.org | myslidell.com Location: 3623 Riviera Drive (Figure 1) Owner: Felicia Lee Applicant: Fernanda Bazley, Davie Shoring Zoning: A-6 Single-Family Urban Request: Variance of Sec. 2.904, Yard Area regulations for A-6 District BZA Meeting: 4/3/2025 BOARD OF ADJUSTMENT – CRITERIA FOR APPROVAL In Appendix A, Part 7, specifically Section 7.202 provides standards for variances. There are 6 standards, of which all must be met by making findings based on the evidence. These standards are outlined with Applicant’s responses to each. DESCRIPTIVE INFORMATION PROVIDED BY THE APPLICANT: “Required decking within 2 feet of the property line.” CURRENT CONDITIONS 1. The subject property at 3623 Riviera Drive is developed with a single-family home (Figure 2). It is zoned A-6 Single Family Residential. 2. This property was awarded a FEMA grant through the City to elevate the house and all ground-level equipment. 3. The house is proposed to be elevated approximately 9 feet from its current slab on grade, with stairs being proposed for front and rear access to the house. The proposed new front and rear access stairs meet all setbacks. 4. The A-6 zoning district requires minimum side yard setbacks of five feet. The house has an existing non-conforming side yard setback of 4.8’ on the Nassau Drive (left) side of the property (Figures 3 & 4). 5. Decking to provide access to utilities along the rear and left side elevation are being proposed. Accessed from the rear yard stairs, the proposed deck as is designed to wrap around to the left side elevation to provide access to the CLECO utility connection point. BOA Page 1 of 9 V25-01 Distributed March 27, 2025 Prepared by T Alexander 6. Due to the proposed access deck width requirements as understood by the applicant as being required by Cleco, this proposed deck does not meet minimum setbacks (Table 1 and Figure 5). 7. The Planning Director can approve the encroachment of required improvements in any yard which is needed for building elevation within up to 10 feet of front and rear property lines and within 2 feet of side property lines, per Municipal Code Appendix A Part 7 Section 7.204. 8. The proposed left side landing protrusion to within 1.8 feet of the side property line would be closer than 2 feet to the side property line, which is less than the approval allowance granted to the Planning Director (Table 1). The applicant is requesting a variance for the setback for the left side landing. 9. The applicant, as provided under the “Standards for Variances” does not meet the Louisiana State requirements for a variance because there are actions that can be made in order to meet the setback requirements. Table 1. Setbacks – Appendix A Part 2 Section 2.904 Category Required Proposed 30.55 ft (house) Setback, front Min 25 ft 25.55 ft (stairs) 51.1 ft (house) Setback, rear Min 25 ft 37.92 ft (stairs) 4.8 ft (house) Setback, left side Min 5 ft 1.8 ft (access deck) Setback, right side Min 5 ft 5.3 ft (house) STANDARDS FOR VARIANCES Per Municipal Code Appendix A Part 7 Section 7.2, the Board of Adjustment has the authority to hear and decide upon appeals for variances where exceptional and peculiar hardship would be caused by enforcement of the regulations in this ordinance and where such variance would not substantially deviate from the intent of this ordinance but not otherwise. The Board is not authorized to grant a variance in the use of land or to take any other action resulting in the change of a district boundary. Per Appendix A Part 7 Section 7.202.B., the Board of Adjustment shall not vary the regulations of the ordinance unless it makes findings based on the evidence presented that each of the following standards are met: 1) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if a strict letter of regulations were not carried out. Applicant response: No response provided. Planning Department response: This hardship is not due to particular physical surroundings, shape, or topographical conditions of this specific property. Cleco policy for access decking / wire placement can be modified to allow for a narrower width, and/or placement of drop down poles, and/ or for placement of utility connection in the rear of the structure. BOA Page 2 of 9 V25-01 Distributed March 27, 2025 Prepared by T Alexander  2) The conditions upon which the petition for a variation is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. Applicant response: No response provided. Planning Department response: The existing non-conforming side yard setback is not unique to single family development from this construction era. 3) The alleged difficulty or hardship is caused by the ordinance and has not been created by any person presently having an interest in the property. Applicant response: No response provided. Planning Department response: Compliance with the five foot setback in the zoning ordinance has been met within the allowed parameters on other, similar projects in the past and recently. 4) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. Applicant response: No response provided. Planning Department response: Allowing a protrusion of the structure to be within two feet of the side property line may be detrimental to the future use and improvements for the adjacent property owner(s). 5) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property value within the neighborhood. Applicant’s response: It will not create a hazardous situation or substantially diminish or impair property value within the neighborhood. Planning Department response: Allowing a deck protrusion of the structure to be within two feet of the side property line at approximately elevation of 9 feet may be detrimental to supply of light and air to the adjacent property and may increase the danger of fire. 6) The variation will not serve as a precedent which, in effect, will rewrite a provision of this ordinance. Applicant’s response: No precedent set. Planning Department response: Allowing a variance that exceeds the proximity allowances already provided for in the Municipal Code per Appendix A Part 7 Section 7.204 creates a precedent that will in effect rewrite a provision of this ordinance. Per Appendix A Part 7 Section 7.202.C., it is within the Board’s authority to impose conditions and restrictions upon the premises subject to this variance request as necessary to comply with the standards established, to reduce or minimize the effect of variations upon other property within the neighborhood, and to better carry out the general intent of the ordinance (App. A, Part 7, Sec. 7.202(C)). RECOMMENDATION BY PLANNING DEPARTMENT: Denial BOA Page 3 of 9 V25-01 Distributed March 27, 2025 Prepared by T Alexander FIGURES Figure 1. Property Location Aerial Figure 2. Street View BOA Page 4 of 9 V25-01 Distributed March 27, 2025 Prepared by T Alexander Figure 3. Property Survey BOA Page 5 of 9 V25-01 Distributed March 27, 2025 Prepared by T Alexander Figure 4. Existing Conditions Photos Left Elevation, subject of request, setback at 4.8 feet. BOA Page 6 of 9 V25-01 Distributed March 27, 2025 Prepared by T Alexander Right Side Yard – setback at 5.1 feet (fence is not on property line) BOA Page 7 of 9 V25-01 Distributed March 27, 2025 Prepared by T Alexander Figure 5. Post Construction Plot Plan – Next page. BOA Page 8 of 9 V25-01 Distributed March 27, 2025 Prepared by T Alexander  60.00' 5' Servitude 37.92 Out building 18.80 Side setback at the rear of the house is 4.8. 3 ft landing to electric service leaves 1.8 ft. existing nonmonolithic concrete 1.80 24.60 AC electric service 120.00' 120.00' 3623 Riviera Drive 5.10 5.30 19.27 31.10 30.55 Existing Concrete 25.55 Driveway 60.00' 2/12/25 Post-Construction Plot Plan Riviera Drive Lift Company: Davie Shoring, Inc. 3623 Riviera Drive Slidell, LA NOTES: 1. All distances are as per survey by McKay and Associates, LLC, dated 11/15/24. 2. This plan is for construction purposes only and does not represent an actual ground survey. Robert Barrilleaux & Associates, Inc. ph: (985)-542-0391 fax: (985)-542-6515 3. Engineer does not warrant the accuracy of the survey provided in preparation of this plan. 42333 Deluxe Plaza Suite 8 Hammond, LA Engineer - Robert C. Barrilleaux, PE # 28869 Date: Feb 12, 2025 Scale: 1" = 10' Drawn by: TR Revised:  Staff Report Case No. V25-02 Variance for Side Yard Setback at Planning Department 763 Pine Tree Street 985.646.4320 | 250 Bouscaren St, Ste 203, Slidell, LA 70458 | planningdept@cityofslidell.org | myslidell.com Location: 763 Pine Tree Street (Figure 1) Owner: Cris and Paula Merz Applicant: Fernanda Bazley, Davie Shoring Zoning: A-6 Single-Family Urban Request: Variance of Section 2.904, Yard Area regulations for A-6 District BZA Meeting: 4/3/2025 BOARD OF ADJUSTMENT – CRITERIA FOR APPROVAL In Appendix A, Part 7, specifically Section 7.202 provides standards for variances. There are 6 standards, of which all must be met by making findings based on the evidence. These standards are outlined with Applicant’s responses to each. DESCRIPTIVE INFORMATION PROVIDED BY THE APPLICANT: “Required decking within 2 feet of the property line.” CURRENT CONDITIONS 1. The subject property at 763 Pine Tree Street is developed with a single-family home (Figure 2). It is zoned A-6 Single Family Residential. 2. This property was awarded a FEMA grant through the City to elevate the house and all ground-level equipment. 3. The house as constructed does not meet the required 25-foot front yard setback, providing 23.3 feet. 4. The house is proposed to be elevated approximately 8.5 feet from its current slab on grade, with stairs being proposed for front and rear access to the house. The proposed new front stairs do not meet the setback requirements in Section 2.904 but do meet the encroachment allowances provided in Section 7.204. The rear access stairs meet all setbacks. 5. The A-6 zoning district requires minimum side yard setbacks of five feet. The house has an existing non-conforming side yard setback of 4.65’ on the Slidell Avenue (right) side of the property (Figures 3 & 4). BOA Page 1 of 10 V25-02 Distributed March 27, 2025 Prepared by T Alexander 6. Decking to provide access to utilities along the rear and right-side elevation are being proposed. Accessed from the rear yard stairs, the proposed deck is designed to wrap around to the right-side elevation to provide access to the CLECO utility connection point. 7. Due to the proposed access deck width requirements as understood by the applicant as being required by Cleco, this proposed deck does not meet minimum setbacks (Table 1 and Figure 5). 8. The Planning Director can approve the encroachment of required improvements in any yard which is needed for building elevation within up to 10 feet of front and rear property lines and within 2 feet of side property lines, per Municipal Code Appendix A Part 7 Section 7.204. 9. The proposed right side landing protrusion to within 1.65 feet of the side property line would be closer than 2 feet to the side property line, which is less than the approval allowance granted to the Planning Director (Table 1). The applicant is requesting a variance for the setback for the right-side landing. 10. The applicant, as provided under the “Standards for Variances” does not meet the Louisiana State requirements for a variance because there are actions that can be made in order to meet the setback requirements. Table 1. Setbacks – Appendix A Part 2 Section 2.904 Category Required Proposed 21.8 ft (house) Setback, front Min 25 ft 16.47 ft (stairs) 144.4 ft (house) Setback, rear Min 25 ft 138.7 ft (stairs) Setback, left side Min 5 ft 8.9 ft (house) 4.65 ft (house) Setback, right side Min 5 ft 1.65 ft (access deck) STANDARDS FOR VARIANCES Per Municipal Code Appendix A Part 7 Section 7.2, the Board of Adjustment has the authority to hear and decide upon appeals for variances where exceptional and peculiar hardship would be caused by enforcement of the regulations in this ordinance and where such variance would not substantially deviate from the intent of this ordinance but not otherwise. The Board is not authorized to grant a variance in the use of land or to take any other action resulting in the change of a district boundary. Per Appendix A Part 7 Section 7.202.B., the Board of Adjustment shall not vary the regulations of the ordinance unless it makes findings based on the evidence presented that each of the following standards are met: BOA Page 2 of 10 V25-02 Distributed March 27, 2025 Prepared by T Alexander  1) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if a strict letter of regulations were not carried out. Applicant response: No response provided. Planning Department response: This hardship is not due to particular physical surroundings, shape, or topographical conditions of this specific property. Cleco policy for access decking / wire placement can be modified to allow for a narrower width, and/or placement of drop-down poles, and/ or for placement of utility connection in the rear of the structure. 2) The conditions upon which the petition for a variation is based are unique to the property for which the variance is sought and are not applicable, generally, to other property within the same zoning classification. Applicant response: No response provided. Planning Department response: The existing non-conforming side yard setback is not unique to single family development from this construction era. 3) The alleged difficulty or hardship is caused by the ordinance and has not been created by any person presently having an interest in the property. Applicant response: No response provided. Planning Department response: Compliance with the five-foot setback in the zoning ordinance has been met within the allowed parameters on other, similar projects in the past and recently. 4) The granting of the variation will not be detrimental to the public welfare or injurious to other property or improvements in the neighborhood in which the property is located. Applicant response: No response provided. Planning Department response: Allowing a protrusion of the structure to be within two feet of the side property line may be detrimental to the future use and improvements for the adjacent property owner(s). 5) The proposed variation will not impair an adequate supply of light and air to adjacent property, or substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property value within the neighborhood. Applicant’s response: It will not create a hazardous situation or substantially diminish or impair property value within the neighborhood. Planning Department response: Allowing a deck protrusion of the structure to be within two feet of the side property line at approximately elevation of 9 feet may be detrimental to supply of light and air to the adjacent property and may increase the danger of fire. 6) The variation will not serve as a precedent which, in effect, will rewrite a provision of this ordinance. Applicant’s response: No precedent set. Planning Department response: Allowing a variance that exceeds the proximity allowances already provided for in the Municipal Code per Appendix A Part 7 Section 7.204 creates a precedent that will in effect rewrite a provision of this ordinance. BOA Page 3 of 10 V25-02 Distributed March 27, 2025 Prepared by T Alexander Per Appendix A Part 7 Section 7.202.C., it is within the Board’s authority to impose conditions and restrictions upon the premises subject to this variance request as necessary to comply with the standards established, to reduce or minimize the effect of variations upon other property within the neighborhood, and to better carry out the general intent of the ordinance (App. A, Part 7, Section 7.202(C)). RECOMMENDATION BY PLANNING DEPARTMENT: Denial FIGURES Figure 1. Property Location Aerial BOA Page 4 of 10 V25-02 Distributed March 27, 2025 Prepared by T Alexander Figure 2. Street View BOA Page 5 of 10 V25-02 Distributed March 27, 2025 Prepared by T Alexander Figure 3. Property Survey – Next Page BOA Page 6 of 10 V25-02 Distributed March 27, 2025 Prepared by T Alexander Figure 4. Existing Conditions Photos Right Elevation, subject of request, setback at 4.8 feet. Left Side Yard – setback at 8.9 feet BOA Page 8 of 10 V25-02 Distributed March 27, 2025 Prepared by T Alexander Figure 5. Post Construction Plot Plan – Next page. BOA Page 9 of 10 V25-02 Distributed March 27, 2025 Prepared by T Alexander  ' 52.03 138.7' 86.56 237.50' 250.00' nonmonolithic concrete pool nonmonolithic concrete 15.20 15.02 8.90 4. All distances are as per survey by McKay and Associates, L.L.C., dated 11/26/2024. 5. Surveyor indicates no setbacks or easements on survey. 6. This plan is for construction purposes only and does 7.45 not represent an actual ground survey. 7. Engineer does not warrant the accuracy of the survey provided in preparation of this plan. AC Existing Electrical Service Location with access deck at 1.65 ft from property line. 763 Pine Tree Street 1.65 Right Side Yard Setback 2/12/25 before improvements Existing Concrete Driveway 4.65 Post-Construction Plot Plan Lift Company: Davie Shoring, Inc. 19.40 21.48 763 Pine Tree Street 21.80 Slidell, LA 16.47 Existing Concrete Driveway Robert Barrilleaux & Associates, Inc. 50.00' ph: (985)-542-0391 fax: (985)-542-6515 42333 Deluxe Plaza Suite 8 Hammond, LA Engineer - Robert C. Barrilleaux, PE # 28869 Pine Tree Street Date: Feb 12, 2025 Scale: 1" = 12' Drawn by: TR Revised: