HomeMy WebLinkAbout12-20-2021 Board of Adjustments MinutesDecember 20, 2021
Board of Adjustment Minutes
The Board of Adjustments met Monday, December 20, 2021, at 5:00 PM at the City
Municipal Complex, 161 N. Section Street in the Council Chambers.
Present: Anil Vira, Chairman; Cathy Slagle; Michael Baugh; Donna Cook; Frank Lamia;
Hunter Simmons, Planning and Zoning Manager; and Allie Knutson, Secretary.
Chairman Vira called the meeting to order at 5:00 PM.
Minutes
• November 15, 2021
Motion:
Mike Baugh made a motion to approve the minutes with no changes.
Frank Lamia seconded the motion and the motion carried unanimously with the following
vote:
Aye: Anil Vira, Mike Baugh, Donna Cook, and Frank Lamia.
Nay: None.
Abstain: Cathy Slagle.
BOA 21.12 -Public hearing to consider the request of John Hadley to allow for a
nine-foot Rear Setback Variance for property located at the northwest corner of
Young Street and Fairland Avenue. PPIN # 86972
Hunter Simmons, Planning and Zoning Manager, presented the case summary.
This case is a carryover from November's meeting. The applicant, John Hadley, is
requesting a 9' variance to the rear setback for the principle structure located at the
northwest comer of Fairland Avenue and Young Street. The property is zoned R-2
Medium Density Single-Family Residential District.
The applicant is requesting a variance to the rear setback which would result in a 26' rear
setback instead of 35' to construct a landing deck off the second floor. The property is a
non-conforming lot due the size. Staff is not against relief from the setback.
The variance request is not tied to the site plan as the variance would 'run with the land'
and not be tied to home plans. The property, generally rectangular, being 52' X 102 and
containing 5,304SF makes the lot smaller than the R-2 minimum size requirements of 75'
wide and 10,500SF. Staff notes that, at this time, we are not able to find evidence of a
subdivision that created this lot and the surrounding flag lot but are reviewing the request
as the lot is legal and non-conforming. Staff does believe the side setback creates a
challenge to building a home. The property being a corner lot also has a 20' street side
setback. Relief, if granted, would not cause any detriment to the public nor impair the
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Board of Adjustment Minutes
intent of this ordinance. Staff recognizes the size of the lot is substandard and unique and
the extent of the variance request is minimal.
Recommendation:
Staff recommends approval of BOA 21.12.
The applicant, John Hadley ( 511 Horton Lane), stated that putting the deck on the west
side of the home works out better for the overall home design.
Mike Baugh asked for clarification on the variance running with the land.
Mr. Simmons stated that any variance given is not based on the site plan. The lot line is
being moved and the variance would need to be acted upon and recorded or the variance
would be vacated. After being acted upon and recorded, the variance is tied to the land
and would stand in the future.
Chairman Vira opened the Public Hearing, no one was present to speak, and the Public
Hearing was closed.
Motion:
Frank Lamia made a motion to approve BOA 21.12.
Donna Cook seconded the motion and the motion carried unanimously with the following
vote:
Aye: Anil Vira, Cathy Slagle, Mike Baugh, Donna Cook, and Frank Lamia.
Nay: None.
Old/New Business
• Approval of 2022 Board of Adjustments Agenda Schedule and Deadlines.
Motion:
Cathy Slagle made a motion to approve the 2022 Board of Adjustments Agenda
Schedule and Deadlines and the motion carried unanimously with the following vote:
Aye: Anil Vira, Cathy Slagle, Mike Baugh, Donna Cook, and Frank Lamia.
Nay:None.
• Comprehensive Plan: Mr. Simmons reminded everyone of the upcoming
Comprehensive Plan meetings in January.
• Moratorium: Mr. Simmons stated that the moratorium will last twelve months and
is on major subdivisions and multiple occupancy projects outside of the city
limits. The moratorium will be effective when published.
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Board of Adjustment Minutes
Adjournment
Frank Lamia made a motion to adjourn, and the motion carried unanimously.
Adjourned at 5:14 PM.
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Anil Vira, Chairman Allie Knutson, Secretary
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