Board of Adjustment

MINUTES OF THE BOARD OF ADJUSTMENT May 24, 2023 The meeting was called to order at 6:00 p.m. by Chairman Rodney Slaughter. Board Members present were Frederick Schaber, Dwayne Newman, Sharon Wright, and Marie Fontaine St. Pierre. Also present were Senior Planner Jeremy Rothwell and Attorney D. Barrett Edwards. Crystal Wheeler was present via zoom. Chairman Rodney Slaughter led the Pledge of Allegiance. RECOGNITION OF VISITORS No visitors were present. ADDITIONS/DELETIONS TO PUBLISHED AGENDA Board member Newman made a motion to approve the published agenda. Motion seconded by Board member Schaber, IV, and carried unanimously. MINUTES Board Member Newman made the motion to approve the minutes of April 26, 2023, as presented. Motion was seconded by Board Member Fontaine St. Pierre, and carried unanimously. PUBLIC HEARING A. Jack Honeycutt, #V-2023-89, 342 West Glenwood Avenue, 1-17-00920-01-5900-00001 Applicant’s Request: Variance - The applicant is requesting a variance to reduce the side yard setback and rear setback from 6 ft. to 2 ft. to construct a 1,515 sq. ft. accessory pole barn as set forth in Section 6.8(b). Zoning & Project History: Circa 1940 – As per the Kent County P.R.I.D.E. property records, the existing single-family dwelling is constructed on the before-mentioned parcel. May 20, 1964 – The Smyrna Town Council adopts its first zoning ordinance, and the subject parcel was designated R-2 Residential. The parcel has remained R-2 since this date. February 4, 2013 – As shown on Figure 3 – Future Land Use Within the Town of Smyrna, the before-mentioned parcel is designated as ‘Neighborhood Residential’ in the 2012 Comprehensive Plan. November 22, 2017 – The applicant obtains ownership of the property (Deed Reference 8894/235). July 19, 2021 – As shown in Figure 3 – Future Land Use within the Town of Smyrna, the before-mentioned parcel is designated as ‘Neighborhood Residential’ in the 2020 Comprehensive Plan. March 8, 2023 – Property owner applies for variance to reduce side yard and rear setbacks to construct an accessory structure. April 26, 2023 – Following review of the variance application, the Board of Adjustment votes to table the vote based upon lack of information about the proposed accessory building and the property owner not being in attendance. Board of Adjustment Page 2 of 3 May 24, 2023 Relevant Sections of the Town of Smyrna Code Appendix A – Zoning: Section 6.8 – Accessory Buildings 8. Accessory buildings. An accessory building may be located in any required side or rear yard provided: a. Such building shall not exceed 15 feet in height. b. Such buildings shall be set back at least six feet from any property line and shall not be located less than ten feet from the principal building. Exception: Wood frame decks on pier foundations without a roof shall not be considered part of the principal structure for the purpose of this section. (Ord. of 9-21-92; Ord. of 12-18-00(7), § 1) c. All such buildings in the aggregate shall not occupy more than 30% of the area of the required rear and side yard. Accessory buildings constructed at the same time may be located in pairs or groups in the required rear or side yard along the common sideline or rear line of contiguous lots. d. Handicap ramps may be located in the front, side and rear yard set back(s) subject to design and location as approved by the administrative authority. The planning department shall ensure the ramp location to be least obtrusive to abutting property owners. The building permit will be conditional in that the ramp must be removed within 30 days when the ramp is no longer required. The applicant shall provide the planning department with a physician's note stating a handicap ramp is required and the name of the individual for whom it is required. The individual must reside at the address that the building permit is being issued for. A letter from a physician is required annually documenting the continued need for the ramp. Variance Warrants: (a) That special conditions or exceptional practical difficulties exist which are particular to the land, structure or building involved because, among other reasons, of its size, shape, location or topography and which are not applicable to other lands, structures or buildings in the same district; Staff Response: As shown on the applicant’s plot plan, the existing single-family dwelling is located more than 150 ft. from the front property line, and only 28 ft. from the rear property line, which makes it near impossible to construct an accessory structure that is both at least 10 ft. from the principal structure/dwelling and 6 ft. from the rear and side property line. An accessory structure would thus be limited to a maximum depth of 12 ft. to comply with these two setback requirements and the minimum distance from the principal structure. The proposed 1,515 sq. ft. accessory pole building would be shielded from neighboring properties by an existing wooden stockade fence 6 ft. in height. Given the configuration of the applicant’s parcel in relation to the neighboring residential parcels, the proposed accessory structure would be approximately 70 ft. from the closest single-family dwelling. The applicant’s property is bordered on the north by Peach Circle Apartments and their large open grass field. (b) That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance; Staff Response: Accessory sheds and storage structures are common outbuildings in this district and all residential zoning structures, but given the requirement to construct such structures in the rear/side yards, there is only 28 ft. to construct said structure in the rear yard. The applicant is proposing to construct said accessory structure in the only logical place on the before-mentioned parcel. The question for the Board of Adjustment is whether the 1,515 sq. ft. four-bay accessory garage represents the minimum adjustment necessary and is of an appropriate size. While staff recognizes the limited available space for and that the proposed building is appropriately sited, staff questions whether the proposed 1,515 sq. ft. four-bay garage can be reduced in size to encroach less than 4 ft into the 6 ft. rear Board of Adjustment Page 3 of 3 May 24, 2023 and side-yard setback. This is especially true since there is already an attached garage on the existing single-family dwelling. (c) That the special conditions and circumstances do not result from the actions of the applicant; Staff Response: The applicant has not started construction without the required variance and building permit. (d) That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district. Staff Response: Each variance application must be reviewed on its own merits. Mr. Honeycutt and Mr. Beachy did not show up to the meeting. Board member Schaber made a motion to table the application till the applicant wants to be heard. Board member Wright seconded the motion and was carried unanimously. Board member Newman voted against the motion for the BOA to table the variance application for Jack Honeycutt at 342 W. Glenwood Avenue. OTHER BUSINESS There was none. ADJOURNMENT The meeting was adjourned at 6:14 p.m. clw