HomeMy WebLinkAboutMinutes - BoZA - 09/15/2020
ACTION REPORT
BOARD OF ZONING APPEALS
SEPTEMBER 15, 2020
6:00pm
CITY COUNCIL CHAMBERS
1. Call to order
2. Roll call
Members Present: Kim Keller, Todd Chernik, Jason Cole, Brenda Hamstead
3. Pledge of allegiance
4. Approval/Amendment of Agenda
Motion to Approve: Todd Chernik
2nd: Jason Cole
Vote: 4-0, Motion Approved
5. Approval of July meeting minutes
Motion to Approve: Todd Chernik
2nd: Brenda Hamstead
Vote: 3-0*, Motion Approved
Jason Cole abstained his vote*
6. Consideration of Primary Variances
a. V20-14, 705 Nettlebrook Lane – Administratively Deferred
Request(s):
• To allow an accessory structure to encroach into the side yard
adjacent to a street (Sec. 64-416, c, 2).
b. V20-15, 810 Guardian Court
Request(s):
• To allow an accessory structure to encroach into the rear yard
setback (Sec. 64-416, i).
• To allow an existing fireplace to be located in the side yard
(Sec. 64-77, 2, b, 2).
Motion to Approve with Conditions: Brenda Hamstead
Conditions:
• Needs to be 23’ by 25’ in size per site plan by McWhorter Gilbert
Anderson dated received July 1, 2020.
2nd: Todd Chernik
Vote: 4-0, Motion Approved
c. V20-16, 14355 Freemanville Road
Request(s):
• To allow an existing accessory structure to encroach into the rear
yard setback (Sec. 64-416, i).
Motion to Approve with Conditions: Todd Chernik
Conditions:
• Size and location per site plan by TSS dated 6/24/2020
• Note on recorded Plat stating horse and livestock restriction of
current accessory structure
• Note on Deed upon sale indicating horse and livestock restriction of
current accessory structure
• Any modification or alteration must go through City Architecture
Review
• Limit variance to existing structure
• Approved use as a storage accessory structure only.
2nd: Jason Cole
Vote: 4-0, Motion Approved
d. V20-17, 0 Thompson Road (22 520005380606)
Request(s):
• To allow a new public street to be located twenty five feet from any
peripheral property line adjoining AG-1 and residential zoned
property (Sec. 64-2397).
Motion to Deny: Todd Chernik
2nd: Kim Keller
Vote: 4-0, Motion Approved
e. V20-18, 3430 Bethany Bend
Request(s):
• To reduce the side yard setback from twenty five feet to twelve feet
(Sec. 64-416, c, 1).
• To allow a stone masonry material under the three-four board horse
fence along a public road (Sec. 64-1092, i).
Motion to Deny part one and Approve part two with conditions: Brenda
Hamstead
Conditions:
• Overall fence height not to exceed five feet
• City Architect to approve fence design and materials
2nd: Todd Chernik
Vote: 4-0, Motion Approved
f. V20-19, 640 Dorris Road – Administratively Deferred
Request(s):
• To request a variance of 140 feet to allow the minimum setback for
a pen for dogs to be sixty feet from the northern property line
instead of the required 200 feet (Sec. 64-415, a, 9).
• To request a variance of 150 feet to allow the minimum setback for
a pen for dogs to be fifty feet from the eastern property line instead
of the required 200 feet (Sec. 64-415, a, 9).
• To request a variance of seventy five feet to allow the minimum
setback for a pen for dogs to be 125 feet from the southern
property line instead of the required 200 feet (Sec. 64-415, a, 9).
• To request a variance of 120 feet to allow the minimum setback for
a pen for dogs to be eighty feet from the western property line
instead of the required 200 feet (Sec. 64-415, a, 9).
7. Consideration of Appeals/Secondary Variances
a. V20-20, 16662 Phillips Road
Request(s):
• To appeal the rejection of the Community Development Director’s
decision denying the acceptance of a building permit.
(Sec. 64-2426, 3, a).
Motion to Reverse Community Development Director’s Decision: Todd
Chernik
2nd: Jason Cole
Vote: 4-0, Motion Approved
8. Old business
a. Staff to coordinate call/Zoom meeting with Board of Zoning members, to
summarize the recently adopted Tree Canopy ordinance
b. Staff to pursue technical support for Board member Don Curt and Jason
Cole to set up their city emails
9. New business
10. Adjournment
a. Motion Kim Keller, 2nd Todd Chernik
b. Vote 4-0, Motion Approved