09/07/2021 Minutes - Laserfiche WebLink

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Public hearing was declared closed. Jerry Haning asks if Mr. Floyd's recollection of him obtaining the permit and the direction he was given is correct. Staff member Paige Unger says that it was correct and when issuing the permit she had misinterpreted the plat and instead of directing him to set the fence 10' off of the property line she and the Building Official at the time had directed him to set it 10' off the back of the curb. It was later after the fence had been constructed and inspected that the error was discovered once the City started receiving complaints. William Sanders confirms that the fence permit was in fact approved before it was constructed to which staff member Paige Unger confirms it was. RuthAnn states that even though the fence was approved it has now come to the board for a variance and the matter of safety needs to be considered. Larry Walker asks what the variance is for in reference to the fence. RuthAnn clarifies that the variance is to allow the fence to remain as is or the board also has the option to approve it with the conditions presented by the city. Chance Floyd then marked on an aerial view map to help the board visualize what is proposed. While doing so Mr. Floyd explained that if he were to remove part of the fence to create this diagonal, his fence would be about only 10' away from his house and the whole purpose of the fence for his kids to have room to play would be irrelevant. Andrew Mack states that if the board were to approve the variance with the recommended condition that he or someone from the city would go and meet with Mr. Floyd to verify the measurements since they have not been applied in the field yet. Motion was made by Chris Fitzgerald, seconded by Larry Walker to approve the variance to Zoning Ordinance, Section 9-501 of the Area Regulations to allow the fence to remain on the property line. In the Board's approval of the variance request, there were no findings of fact or conditions. Motion carried 4:1, with William Sanders as the dissenting vote. Public hearing to consider and take action on the petition of Audrey Bills, on Lot 10, City Block 74-A, being located at 824 NE 3rd Street. The applicant requests a variance of Section 9-501 Area Regulation of the Zoning Ordinance which provides as follows: 9-501 (1) Schedule minimum front yards- Residential districts. 2F minimum front yard- 25' The applicant is proposing to construct a carport in the side yard in line with the existing home with a 22' front yard setback versus the required 25' setback. The applicant is requesting a 3' variance to allow the proposed carport to be built with a 22' front yard in line with the existing home.