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HomeMy WebLinkAbout09-20-2021 Board of Adjustments MinutesSeptember 20, 2021 Board of Adjustment Minutes The Board of Adjustments met Monday, September 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; David Martin, Alternate I; Donna Cook; Frank Lamia; Hunter Simmons, Planning and Zoning Manager; Samara Walley, City Planner; and Allie Knutson, Secretary. Absent: Michael Baugh; and Ryan Baker, Alternate IL Chairman Vira called the meeting to order at 5 :00 PM. Minutes • August 16, 2021 Motion: Cathy Slagle made a motion to approve the minutes with no changes. Donna Cook seconded the motion and the motion carried unanimously with the following vote: Aye: Anil Vira, Cathy Slagle, Donna Cook, Frank Lamia, and David Martin. Nay:None. BOA 21.09-Public hearing to consider the request of Richard and Julie Clay for a Side Setback variance to allow for a swimming pool for property located at 306 N. Bayview St. PPIN # 14512 Samara Walley, City Planner, presented the case summary: The applicant, Robert Brown, is requesting a side setback variance to allow a swimming pool on the property located at 306 N. Bayview Street. The property is zoned R-2, Medium Density Single Family Residential. According to the Zoning Ordinance, accessory structures, such as pools, shall be situated no nearer than the principle structure along side streets and behind the rear building line of the principle structure. The applicant has noted three justifications for their request: 1. The lot is smaller than the minimum lot area required. The subject property is 9,483.65 sq ft. The requirement is 10,500 sq ft. 2. The lot does not meet the minimum width requirement. The subject property is 60' in width at Bayview Avenue. The requirement is 75'. 3. The subject property has an extreme uphill slope. According to the applicant, the property is relatively level from the west front of the house to the east rear of the 1 September 20, 2021 Board of Adjustment Minutes The Board of Adjustments met Monday, September 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; David Martin, Alternate I; Donna Cook; Frank Lamia; Hunter Simmons, Planning and Zoning Manager; Samara Walley, City Planner; and Allie Knutson, Secretary. Absent: Michael Baugh; and Ryan Baker, Alternate II. Chairman Vira called the meeting to order at 5:00 PM. Minutes • August 16, 2021 Motion: Cathy Slagle made a motion to approve the minutes with no changes. Donna Cook seconded the motion and the motion carried unanimously with the following vote: Aye: Anil Vira, Cathy Slagle, Donna Cook, Frank Lamia, and David Martin. Nay:None. BOA 21.09 -Public hearing to consider the request of Richard and Julie Clay for a Side Setback variance to allow for a swimming pool for property located at 306 N. Bayview St. PPIN # 14512 Samara Walley, City Planner, presented the case summary: The applicant, Robert Brown, is requesting a side setback variance to allow a swimming pool on the property located at 306 N. Bayview Street. The property is zoned R-2, Medium Density Single Family Residential. According to the Zoning Ordinance, accessory structures, such as pools, shall be situated no nearer than the principle structure along side streets and behind the rear building line of the principle structure. The applicant has noted three justifications for their request: 1. The lot is smaller than the minimum lot area required. The subject property is 9,483.65 sq ft. The requirement is 10,500 sq ft. 2. The lot does not meet the minimum width requirement. The subject property is 60' in width at Bayview Avenue. The requirement is 75'. 3. The subject property has an extreme uphill slope. According to the applicant, the property is relatively level from the west front of the house to the east rear of the 1 September 20, 2021 Board of Adjustment Minutes house. Then the property slopes steeply uphill with the final 35' being approximately 8' -0" above the grade of the remainder of the property. The applicant is proposing a pool that will be 6' -6" from the property line, a fence along Blakeney Avenue and other additions to the rear of the existing home. The existing and proposed site plan was shown on the screen. The existing home is currently encroaching in the required setbacks and the existing carport exceeds the allowed 25% of the rear yard. Staff finds that it could be possible to place the pool within the required setbacks (site plan with staff's placement of pool shown on screen) as the intent of the side street setback on corner lots is to preserve the street view. There are large street trees that could be disturbed as result of the addition of a pool and fence/wall. A ROW permit may be required and review by the City Horticulturalist prior to the issuance of a building permit. There is currently a small wooden bridge on the north side of property. The pool would be located in its place. If the variance is approved, further review may be required by the Public Works Department. Staff recommends denial of BOA 21.09. Chairman Vira confirmed that the image of the pool that was drawn in was drawn by staff to show where it could be placed within the setbacks. Hunter Simmons, Planning and Zoning Manager, stated that the Planning Department receives a lot of variance requests for substandard lots. A smaller lot is not unique. This case does have a hardship and staff has looked at ways that this could be done. However, the expansions to the house could limit it. The street side setback is to preserve a street frontage. This one is a tough decision for the Board. David Martin asked if other homes had been granted this type of variance in that area and if the pool is considered an accessory structure if it does not have a roof. Mr. Simmons stated that the Zoning Ordinance does not distinguish between pools and other accessory structures and to his knowledge, there have not been any variances like this in that area recently. Chairman Vira asked if the pool that staff drew in, was the same size as the applicant had submitted. Mr. Simmons stated that the pool would be the same size, but the extended deck area would not be put in if the pool were to be placed in the required setbacks. David Martin asked ifthere were any regulations for the height of the proposed wall. Mr. Simmons stated that the wall meets the requirements and would be in compliance at 8-feet. 2 September 20, 2021 Board of Adjustment Minutes Applicant, Robert Brown, spoke on behalf of Richard and Julie Clay. He wondered what difference the pool would make if the privacy wall were to be allowed. He also mentioned several other homes that have pools in their side yards and that the owners are trying to restore a historic home that belonged to Mr. Clay's parents. The house would have to be tom down if the variance was not granted. Cathy Slagle asked why the house would have to be tom down. Mr. Brown stated that Mr. and Mrs. Clay have hired an architect to come up with an appealing design for improvements, the home currently has a second floor on it, but they are trying to minimize the height of the house because of the way the lot slopes. There would be no way to achieve first floor improvements and have the pool be I 0-feet away from the primary structure. Frank Lamia asked about the relation of the proposed wall to the trees. Mr. Brown was not sure and stated it would be taken into consideration but would have to go through the City. Mr. Simmons explained that if the Board were to approve this variance, they could make it a condition of approval that a ROW permit be obtained for the trees. Chairman Vira opened the Public Hearing. Hunter Simmons, Planning and Zoning Manager, stated that we received three letters of opposition from adjacent property owners that were concerned about their view of the bay. David Martin stated that whether there is a pool or not, the view will be blocked by the wall. Leon McLaughlin, 108 Blakeney, brought several photos up to the board members that were taken from his front porch. He had built his home with the idea that he would be able to look at the bay form the front porch, but the proposed wall would block the view. His lot is also only 48-feet wide, smaller than the Clay's lot. His neighbor at 110 Blakeney, Mr. De Gutz, also sent a comment in regarding the wall blocking the view of the bay. Mr. McLaughlin does not object to the pool, but objects to the wall. Mr. Simmons stated that there could possibly be some compromise regarding the height of the wall and proceeded to show Mr. McLaughlin the hard copy of the site plan. Donna Cook asked if they could enclose the pool if the Board approved the variance. Mr. Simmons stated no, they would need a permit. 3 September 20, 2021 Board of Adjustment Minutes Frank Lamia stated that he did not understand how this could be considered a "hardship" if the owners cannot put the pool in the setbacks because of the other additions they are adding to the home, it seems like they are creating their own hardship. Mr. Simmons stated that the hardship is about the size, shape, and slope of the lot. In this case, there is a hardship because the lot is undersized and irregularly shaped. Chairman Vira closed the Public Hearing. Chairman Vira asked if the addition could be modified so the pool could be put between the rear of the house and the garage. Mr. Brown stated that they are trying to save as much of the house as possible while also trying to add additional square footage on the first floor to make it comfortable for modem living. The hardship is created by trying to save the historic house with the typography presenting a challenge. The existing carport is higher than the house and is already going to come down as it is non-compliant and needs to be smaller. The carport will be rebuilt in the same footprint. Cathy Slagle suggested that they could put the pool in the required setback if they made the covered patio smaller. The Board Members had no further questions. Motion: David Martin made a motion to approve BOA 21.09, subject to staff recommendations: 1. Requirement of a ROW permit for review of drainage and arborist. 2. Shall not encroach on the maximum lot coverage. Mr. Martin's motion was not seconded, the motion failed. Motion: Cathy Slagle made a motion to deny the variance request for BOA 21.09. Frank Lamia seconded the motion and the motion carried with the following vote: Aye: Anil Vira, Cathy Slagle, Donna Cook, and Frank Lamia. Nay: David Martin. Old/New Business Hunter Simmons, Planning and Zoning Manager, stated that there is going to be a Public Community Meeting this Wednesday, regarding the Comprehensive Land-Use Plan. There will be other meetings until February of 2022. 4 September 20, 2021 Board of Adjustment Minutes Adjournment Cathy Slagle made a motion to adjourn, and the motion carried unanimously. Adjourned at 5:53 PM. ~·gkt/~ awt~- Anil Vira, Chairman Allie Knutson, Secretary 5