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HomeMy WebLinkAbout02-15-2016 Board of Adjustments MinutesThe City of Fairhope Board of Adjustments and Appeals met on Monday, February 15, 2016 at 5:00 PM in the City Council Chambers at the City Administration Building, located at 161 N. Section Street. Members Present: Chairperson Cathy Slagle; Anil Vira, Vice-Chair; Dick Schneider; Ray Clark; Troy Strunk; John Avent; Jonathan Smith, Director of Planning and Zoning; Emily Boyett, Secretary. Absent: none The meeting was called to order at 5:00 PM by Chairperson Slagle. The minutes of the September 21, 2015 meeting were considered. Ray Clark moved to accept the minutes as written and was 2 nd by Anil Vira. Motion carried with one abstention by Troy Strunk. BOA 16.01 Public hearing to consider the request of Jeremy Patterson for a variance to the lot coverage and setback requirements for an accessory structure for property located at 8447 Morphy Avenue. Jonathan Smith, Director of Planning and Zoning came forward and gave the staff report. STAFF INTERPRETATION: The subject property is zoned R-3 High Density Single Family Residential District. Mr. Patterson is seeking a variance to the provisions of Table 3-3: Dimension Table - Residential Accessory Structures in the Fairhope Zoning Ordinance. Table 3-3 requires that all accessory structures in the R-3 zoning district adhere to a maximum lot coverage percentage of25% of the required rear yard and a 5'setback form the side property line. The 25% co rage allowance is rendered by multiplying the lot width by the required rear setback of 35' for the R-3 district and then multiplying that total by .25. The calculation for the subject property is as follows: 179.1 x 35 = 6,268 .5; 6,268.5 x .25 = 1,567.1 square feet of maximum allowable accessory structure coverage. Per the submitted survey, it appears that there is an existing 1,440 square foot accessory structure built on the property. The applicant would like to construct an additional 716 square foot area around the existing structure to house his boat. The 716 square foot addition is proposed in the location where there is an existing concrete slab, which appears to be .3' into the required 5' side setback. The proposed addition will put the accessory structure at 2 ,105 square feet which is 537.9 square feet over what is typically allowed for an R-3 accessory structure on a comparable lot. However, the subject property is approximately 1 acre in size, which is far larger than the required lot size in the R-3 zoning district. The minimum lot area for R-3 is 7,800 square feet, whereas the subject property is approximately 43 ,420 square feet. NOTICE OF ACTION TAKEN CERTIFIED COPY As the Zoning Ordinance is written, an approximate 15,196 square foot principal structure could be built on the subject property. The principal structure that exists on the property has a building footprint of approximately 2,234 square feet. The applicant contends that he has a hardship, due to the City's regulations. The property is bordered to the north by R-5 High Density Multi-Family Residential District, to the south by R-3 PGH High Density Single Family Patio/Garden Home Residential District, and to the east and west R-3 zoned properties. Facts to be considered in this case: 1. The applicant is requesting a variance to the 25% maximum allowable required rear yard coverage for an accessory structure. 2. The applicant is requesting a .3 foot encroachment into the required 5' side setback for an accessory structure. 3. The principal structure has a 2,234 square foot building footprint and the R-3 district, on the subject parcel, will allow for a principal structure building footprint of over 15,000 square feet. 4. The lot is much larger than a typical R-3 zoned lot. The typical R-3 lot is 7,800 square feet and the subject property is just under one (1) acre at approximately 43,420 square feet. 5. The combined square footage of the proposed new additions to the accessory structure and the existing principal structure are significantly lower than what is allowed for a new residence/principal structure on a lot of this size in the R-3 zoning district. 6. It could be interpreted that there are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its unusually large lot area for an R-3 zoned lot. STAFF RECOMMENDATION: While there are not extreme circumstances surrounding this property, it could be interpreted and staff could support that there is some hardship regarding the lot size and the restrictions imposed by the Zoning Ordinance pertaining to the allowable percentage of the accessory structure, based on the calculation outlined in the staff report. However, staff cannot find any hardship regarding the .3 foot encroachment into the required 5 ' side yard setback. Due to the minor nature of the encroachment, staff is not too concerned with the minor encroachment, if the Board is amenable to the request. Mr. Patterson was present to answer any questions. Mrs . Slagle opened the public hearing. Having no one present to speak, she closed the public hearing. Mr. Avent asked if the applicant poured the slab and then found out it was over the allowable coverage. Mr. Smith explained Mr. Patterson obtained a permit for the slab and then had the property surveyed and found out it was over setback. Mr. Smith stated the Building Department notified Mr. Patterson the slab could not be covered due to the NOTICE OF ACTION TAKEN CERTIFIED COPY City's lot coverage requirements. Mr. Strunk stated the lot is over 5 times the typical lot size for R-3 zoned property. Anil Vira made a motion to approve a variance to the 25% maximum allowable required rear yard coverage for an accessory structure due to the extra large lot and to allow a .3 foot encroachment into the side setback. Troy Strunk 2 nd the motion and the motion carried unanimously. BOA 16.02 Public hearing to consider the request of Bruce and Dianne Record for a variance to the setback requirements for an accessory structure for property located at 219 Orange Avenue. Mr. Smith came forward and gave the staff report. STAFF INTERPRETATION: The subject property is zoned R-2 Medium Density Single Family Residential. Mr. Records is requesting a variance to the provisions of Table 3-3: Dimension Table - Residential Accessory Structures in the Fairhope Zoning Ordinance. Table 3-3 requires that all accessory structures in the R-2 zoning district adhere to a street setback of 20' or no nearer than the principal structure. The applicant is going to add on the existing principal structure which will be setback from the street side approximately 32'. In an effort to save an existing heritage magnolia tree, rather than adding on to the existing carport area and having to take down the magnolia tree, the applicant would like to build a detached accessory structure for parking and storage. The detached accessory structure is proposed to be setback 25' from the street side lot line. With the detached accessory structure setback at 25', it technically is not in keeping with the provisions of the Zoning Ordinance regarding the requirement that an accessory structure can be no nearer to a street side lot line than the principal structure. Staff is not opposed to this request, due to the topographic conditions (the tree) and particular circumstances related to the property. The property is bordered on all sides by R-2 zoned property. Facts to be considered in this case: 1. The applicant is requesting a variance of approximately 7' to 8' to the setback requirements for an accessory structure in the R-2 zoning district. 2. The applicant has the option to add on to the existing home and take down a heritage magnolia tree, but would rather build the proposed detached accessory structure to work for maximum tree preservation. NOTICE OF ACTION TAKEN CERTIFIED COPY 3. The heritage magnolia tree could be considered as contributing to a hardship due to the topography of the property. STAFF RECOMMENDATION: Due to the applicants' efforts to save an existing heritage magnolia tree on the subject property, staff recommends approval of the proposed variance. The applicants were present to answer any questions. Mrs. Slagle opened the public hearing. Having no one present to speak, she closed the public hearing. Troy Strunk made a motion to accept the staff recommendation to approve a variance of approximately 7' to 8' to the street side setback requirements for an accessory structure in order to preserve a heritage magnolia tree. Ray Clark 2 nd the motion and the motion carried unanimously. Old/ New Business Election of Officers -Ray Clark made a motion to re-elect Cathy Slagle as Chair, Anil Vira as Vice-Chair, and Emily Boyett as Secretary. Troy Strunk 2nd the motion and the motion carried unanimously. 2016 Agenda Scbedule-Anil Vira made a motion to accept the 2016 Agenda Schedule as presented. Troy Strunk 2nd the motion and the motion carried unanimously. Comprehensive Plan Update -Mr. Smith announced there will be a public meeting on February 25 , 2016. Having no further business, Troy Strunk made a motion to adjourn. Anil Vira 2nd the motion and the motion carried unanimously. The meeting was adjourned at 5 :15 PM. NOTICE OF ACTION TAKEN CERTIFIED COPY