HomeMy WebLinkAbout12-19-2022 Board of Adjustments MinutesI
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December 19, 2022
Board of Adjustments Minutes
The Board of Adjustments met Monday, December 19, 2022, at 5:00 PM at the City
Municipal Complex, 161 N. Section Street in the Council Chambers.
Present: Anil Vira, Chairman; Cathy Slagle, Vice-Chair; Frank Lamia; Ryan Baker;
David Martin, Alternate I; Mike Jeffries, Development Services Manager; Michelle
Melton, City Planner; and Allie Knutson, Secretary.
Chairman Vira called the meeting to order at 5 :02 PM.
Approval of Minutes
Ryan Baker made a motion to approve the minutes from the November 21, 2022,
meeting.
David Martin seconded the motion and the motion carried with the following vote:
Aye: Chairman Vira, Cathy Slagle, Frank Lamia, Ryan Baker, and David Martin.
Nay: None.
BOA 22.15 Public hearing to consider the request of the Owner, Winston Smith, for a 5'
variance to the driveway side setback requirements as well as a variance for the 3'
separation to the side lot line, to allow for the construction of a shared driveway on the
adjoining lots, Lot 12 and Lot 14 on School Street. The properties are zoned R-2, Medium
Density Single-Family Residential District and are approximately 0.48 acres. PPIN #: 2472
Michelle Melton, City Planner, presented the case summary, showed an aerial of the property,
and the site plan.
The Applicant, R. Winston Smith, is requesting a 5' variance to the driveway side setback
requirements as well as a variance for the 3' separation to the side lot line, to allow for a shared
driveway on the adjoining lots. The approval of the variance would result in a IO' side setback
instead of 15' as is called for when a driveway extends past the front line of the principle
structure. The proposed shared driveway will be designed to be pervious geoweb or concrete.
The Applicant makes the request due to the smaller than average lot size for R-2 zoning and
steep topography.
Recommendation:
Staff recommends approval of Case BOA 22.15 with the following conditions:
I. Driveway shall be made from pervious material and approved by the Planning Department.
2. Driveway shall be split along the common lot line 5' on each side.
3. Driveway shall be a maximum of 10' wide.
4. Provide a 20' Ingress/Egress easement between lots 12 and 14.
Chairman Vira asked what the sizes of the lots were, Michelle Melton stated that the site
plan reflects one lot being approximately 51' wide and one lot being approximately 76'
wide.
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December 19, 2022
Board of Adjustments Minutes
Ryan Baker asked where the 20' easement would be located. Ms. Melton stated that there
is an existing easement off of School Street and will be extended to the subject lots. Mike
Jeffries, Development Services Manager, added that there is an existing easement, but
there would an additional easement where the shared driveway would be to give the
owners of lot 12 and lot 14 permission to use the shared driveway.
Cathy Slagle asked if the lots were flag lots. Mr. Jeffries replied that they were not. They
are historical lots that were platted in the 50's or 60's designed and intended to front on
Fels A venue. Due to the topography and drainage area of the backside of Fels A venue, it
was ever extended. The only way to access the subject lots, is through an easement.
Ryan Baker asked if there would be any issues with the easement regarding fire access.
Mr. Jeffries replied that it would be looked at during the building permit. Winston Smith,
the Applicant, stated that he had spoken with Erik Cortinas, the Building Official, about
fire access as well.
Mr. Smith stated that the lots are narrow that technically front Fels Avenue. There are
two existing homes and two more will be added. The lots are squeezed on all sides and
there is a difficult slope and a drainage ditch. He is planning on building two homes that
have drive-under garages.
Chairman Vira opened the public hearing. Having no one present to speak, the public
hearing was closed.
Motion:
Ryan Baker made a motion to approve Case BOA 22.15, subject to staffs
recommendations.
David Martin seconded the motion and the motion carried unanimously with the
following vote:
Aye: Anil Vira, Cathy Slagle, Frank Lamia, Ryan Baker, and David Martin.
Nay: None.
Old/New Business
Mr. Jeffries stated that the Planning Department did not receive any applications for the
January meeting so there would not be a meeting next month.
Adjournment
Cathy Slagle made a motion to adjourn, and the motion carried with the following vote:
Aye: Chairman Vira, Cathy Slagle, Frank Lamia, Ryan Baker, and David Martin.
Nay: None.
Adjourned at 5: 11 p.m.
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December 19, 2022
Board of Adjustments Minutes
Anil Vira, Chairman
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~ Allie Knutson, Secretary
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