BOARD OF
ZONING APPEALS MINUTES
NOVEMBER 13,
2007
The
meeting was called to order by Chairman Taylor at 7:00 p.m.
MEMBERS
PRESENT: Alex Kessler, Kelly Thornton,
Nevin Taylor, Greg Faulkner, Harry McMannis, Richard
Mickley EXCUSED:
Barbara Timmons
OTHERS
PRESENT: City Planner DeLong, Zoning
Inspector McCoy, Clerk Patterson, Fred Kinsey, Josh Hoover, Denis & Robin
Blake, Mary Whitt, Jason Whitehurst
APPROVAL
OF MINUTES: There being no additions or
corrections, the minutes for the meeting on October 8, 2007
were approved as distributed.
AGENDA
ITEMS:
OLD
BUSINESS
1) To hear a request for
variance to permit 10.22’ side setback on the north side of property vs. 30’
side setback required per The Links Final Plat; to be located on lot 5684, 1510
Fox Fire Drive; R-2 zoning district.
Filed by Carrie Wesp for Maronda Homes,
COMMENTS
OF ZONING INSPECTOR AND/OR DESIGNEE: Ms.
McCoy noted that on the LaSalle house, the east property line, the recorded
setback is 7.5, so they are not requesting a variance on that side. On a typical subdivision such as this, the
other minimum side setback would be 10’.
Applicant has 30’ on the north side and is recorded as such. They were looking at it as the rear setback, and
it was an error made by Maronda Homes that no one noticed. They made themselves an unbuildable lot by
doing so. There are two frontages and
two sides; frontages on LaCosta and Fox Fire and the sides are on the north and
on the east.
Mr.
Kinsey pointed out that on a corner lot, you have the option to face the house
either direction. When you face it
toward Fox Fire, that would make the backyard a side
yard setback. Because this is a
pie-shaped lot, applicant is requesting a variance.
COMMENTS
OF REQUESTER: Mr. Fred Kinsey of Maronda
Homes addressed the Board. He wants to
explore the options in placing a house on this lot that is unique in shape and
size, in order to build a house that would be similar in size and value for
this subdivision. They originally wanted
to put a Lasalle-type house on the lot facing
COMMENTS
OF CITIZENS: Ms. Robin Blake addressed
the Board. They reside on the property
that sets right behind the lot in question.
She said the proposed house is only going to be 16.9’ from the back of
the proposed house to the side of her house.
From her house to the property line, it’s only 11’4” and from the post
in the property on the corner that they’re trying to put a house on, to the
property line is only 57”. The Blake’s
went around the neighborhood and measured.
The shortest distance between two houses, side-to-side for many of the
houses in the neighborhood is 24’3”. The
rest are 25’ or greater. She noted the
shortest driveway in their neighborhood is 38’.
The driveway length for the proposed house is 25.3’. Mr. & Mrs. Blake feel allowing this house
to be built will affect the aesthetics of the corner area, as well as the
entire neighborhood and will affect resale value of their home.
Mr.
Thornton noted that by code, houses can be 15’ apart.
Mr.
Jason Whitehurst,
Mr.
Denis Blake showed the Board some photos of area houses on various lots.
Mr.
Thornton asked the Blake’s if, when they bought their house with the empty lot
next door, what they expected would happen with the empty lot. Mr. Blake thought that would be green space
for the neighborhood. They did not know
it was platted to be a buildable lot.
Mrs. Blake said when they purchased their home 2-1/2 years ago, they
were told by the Maronda sales person and the original superintendent and one
other superintendent that the lot was not a buildable lot because of the shape
of it. She noted Glen Buris was the sales
person (no longer with Maronda), Brian Kuhns (superintendent) and Jason (last name unknown).
Mr.
Taylor asked Mr. Kinsey if the people named above still worked for Maronda
Homes. Mr. Kinsey responded that Glen
Burtis no longer works for Maronda.
Brian Kuhns still works for Maronda and Jason Cooper is a site
supervisor.
Mr.
Thornton asked who maintains the lot.
Response was Maronda Homes.
Mr.
Taylor said he personally feels the lot is too small for a house and asked why
Maronda cut it this way. Mr. Kinsey said
it was an oversight to a certain extent, to the extent that the house could not
face LaCosta with such a small building envelope. That’s why he is requesting a
variance, so the house can face Fox Fire.
Mr.
Taylor expressed a safety concern for the length of the stretch of road where
the driveway would be located. Ms. McCoy
assured there is adequate space.
Mr.
Thornton asked Mr. Kinsey if Maronda had offered to sell the lot to anyone in
the neighborhood. Mr. Kinsey said he
personally had not. That is not
something he would do in his area of responsibility.
Mr.
Mickley moved to accept the variance and the question put, stood:
Mr.
Taylor NO Mr. Faulkner
NO Mr. McMannis NO
Mr. Mickley YES Mr. Kessler
NO Mr. Thornton NO
Variance
denied.
2) To hear a request for a
variance to permit lot frontage of 20 feet as opposed to minimum frontage of
125 feet required; SD-1 zoning district.
Filed by John Hart, Kimley Horn and Associates,
Applicant
sent a letter requesting to table the request until the December 10th
meeting.
NEW
BUSINESS
3) To hear a request to permit
12’ front setback on
COMMENTS
OF ZONING INSPECTOR AND/OR DESIGNEE:
City Planner DeLong reported that the City is recommending approval for
the variance setback. He included an aerial
photo which showed that many homes in that area have setbacks a lot less than
what this applicant is requesting.
COMMENTS
OF REQUESTER: Mr. Shaun Honaker addressed
the Board. The room being proposed will
be a four-season room. It’s a one-story
addition. Will be mostly windows, but
remaining façade will be siding that matches the
existing house and roofing materials will be shingles that match the existing
house. Room is slightly elevated, so
there will be two or three steps to the ground level. There is a large tree that is 16/17’ from the
house. It will be between 8-10’ from finished façade
of this home. There are some low-hanging
branches that will need to be cut off.
COMMENTS
OF CITIZENS: Mr. Matt Smith, a neighbor,
asked to see a copy of the layout for this proposed addition. Mr. Smith is okay with the proposed addition.
DISCUSSION
BY BZA MEMBERS: Mr. Taylor asked if this
porch will look like its part of the house as originally built. Mr. Honaker said yes, however, roof pitch
will be slightly less because of a window.
Mr.
Mickley asked how deep this addition would be? Response was about 9’. Mr. Mickley feels this addition is going to
stick out compared to the other houses on
Mr.
DeLong suggested the Board putting conditions for using the same material for
the addition as is on the existing house.
Mr.
McMannis moved to grant the variance with the condition that the material for
the new addition match that on the existing home, seconded by Mr. Thornton and
the question put, stood:
Mr.
Faulkner YES Mr. McMannis
YES Mr. Mickley NO Mr.
Kessler YES Mr. Thornton YES Mr. Taylor
YES
Variance
granted.
ADJOURNMENT: There being no further business to come
before the Board of Zoning Appeals, the meeting adjourned at 7:40 p.m.