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HomeMy Public PortalAboutZBAM 2009-06-01DATE: PLACE: PRESENT Board: Staff: Others: FRASER ZONING BOARD OF ADJUSTMENT MINUTES Monday, June 1, 2009 Town Hall Board Room Chairperson Debbie Knutson and Members: Karen Frye, Jim Holahan, Doug Laraby and Steve Sumrall Town Planner Catherine Trotter, Town Clerk Lu Berger See Attached Chair Knutson called the meeting to order at 6:29 p.m. Action Item a. Approval of minutes from January 25, 2008. Mr. Sumrall moved, and Mr. Holahan seconded the motion to approve the minutes from January 25, 2008. Motion carried: 5 -0. Public Hearings and Action Items a. Front yard setback and side yard setback variance request submitted by Andy Miller. Mr. Sumrall moved, and Ms. Frye seconded the motion to open the Public Hearing on the Front yard setback and side yard setback variance request submitted by Andy Miller. Motion carried: 5 -0. Andy Miller is requesting a variance from the front yard setback and side yard setback requirements on his property located at 267 Mill Avenue. Applicant's memo was included in the packet. Exhibit F, the land use application was not included in the packet. The property is located in the Business Zone and as such an all residential structure in the Business Zone must meet the following setbacks: 20' in the front, 7' in the side, and 10" in the rear. The Town of Fraser adopted zoning regulations in 1974 after the structure was constructed. The encroachment into the front yard is approximately 6 feet and the encroachment into the side yard is approximately 1.5 feet. The subject property is more legally described as follows: Lot 13 -14, Block 4, Town of Eastom AKA Town of Fraser. The Fraser Town Code specifies that the Board of Adjustment shall furnish a copy of the application to the Board of Trustees for an opinion, which opinion shall be returned to the Board of Adjustment before the date set for the hearing. The following action took place at the Town Board meeting on May 20 2009: seconded the motion that pursuant to the variance provisions of the zoning ordinance, that we forward the following opinion regarding the variance request for 267 Mill Avenue: that the variance request be approved by the Zoning Board of Adjustment. Motion carried: 6 -0. Andy Miller addressed the Board, giving them a brief history on the surveys conducted on the property and the discrepancies that have arisen. Mr. Sumrall moved, and Mr. Frye seconded the motion to close the Public Hearing on the Front yard setback and side yard setback variance request submitted by Andy Miller. Motion carried: 5 -0. Mr. Sumrall moved, and Ms. Frye seconded the motion to approve the Front yard setback and side yard setback variance request submitted by Andy Miller after consideration of the following provisions: (1) That satisfactory proof has been presented to the Board of Adjustment showing that the present or proposed situation of a requested building, structure or use is reasonably necessary for the convenience or welfare of the public. (2) That the variance which is requested would not authorize any use other than uses enumerated as a use by right of the district. (3) That an unnecessary hardship to the owner would be shown to occur if the provisions of this Chapter were literally followed. (4) That the circumstances found to constitute a hardship either were not created by the owner, or were in existence at the time of the passage of the initial ordinance codified herein, and cannot be reasonably corrected. 5) That the variance would not injure the value, use of or prevent the proper access of lighted air to the adjacent properties. (6) That the variance would not be out of harmony with the intent and purpose of Chapter 16, Fraser Town Code. (Prior code 13 -10 -4) Motion carried: 5 -0. b. Front yard setback and side yard setback variance request submitted by Tim and Karen Givens. Mr. Laraby moved, and Mr. Sumrall seconded the motion to open the Public Hearing on the front yard setback and side yard setback variance request submitted by Tim and Karen Givens. Motion carried: 5 -0. Ms. Frye recused herself from the hearing, citing a conflict of interest as she owns a neighboring property. A unanimous vote is needed to approve the variance. Tim and Karen Givens (the applicant) are requesting a variance from the front yard setback and the side yard setback requirement on their property located at 606 and 608 Quail Drive. Applicant's memo was included in the packet. The property is located in the R2 Zone and must meet the following setbacks: 20' in the front, 7' in the side, and 10" in the rear. The encroachments into the front yard are approximately 1.88' (1' 10 Y2 to a maximum of 7.29' (7 ft 3'h The encroachments into the side yard are approximately .11' (1 3/8 to a maximum of .73' (8 3 /4 The subject property is more legally described as follows: Lot 10, Block N, Victoria Village. The Fraser Town Code specifies that the Board of Adjustment shall furnish a copy of the application to the Board of Trustees for an opinion, which opinion shall be returned to the Board of Adjustment before the date set for the hearing. The following action took place at the Town Board meeting on May 20` 2009: seconded the motion that pursuant to the variance provisions of the zoning ordinance, that we forward the following opinion regarding the variance request for 606 608 Quail Drive; that the variance request be approved by the Zoning Board of Adjustment. Motion carried: 6 -0. David Michaels, attorney for the Givens, addressed the provisions required by the Town Code for granting a variance. Mr. Sumrall requested a condition be added that deck remain as currently constructed without hand rails unless changes are required by a future Building Code requirement. Mr. Holahan moved, and Mr. Sumrall seconded the motion to close the Public Hearing on the front yard setback and side yard setback variance request submitted by Tim and Karen Givens. Motion carried: 5 -0. Mr. Sumrall moved and Mr. Laraby seconded the motion to approve the Front yard setback and side yard setback variance request submitted by Tim and Karen Givens with the following condition and after consideration of the following provisions: A condition be added that deck remain as currently constructed without hand rails unless changes are required by a future Building Code requirement. (1) That satisfactory proof has been presented to the Board of Adjustment showing that the present or proposed situation of a requested building, structure or use is reasonably necessary for the convenience or welfare of the public. (2) That the variance which is requested would not authorize any use other than uses enumerated as a use by right of the district. (3) That an unnecessary hardship to the owner would be shown to occur if the provisions of this Chapter were literally followed. (4) That the circumstances found to constitute a hardship either were not created by the owner, or were in existence at the time of the passage of the initial ordinance codified herein, and cannot be reasonably corrected. 5) That the variance would not injure the value, use of or prevent the proper access of lighted air to the adjacent properties. (6) That the variance would not be out of harmony with the intent and purpose of Chapter 16, Fraser Town Code. (Prior code 13 -10 -4) Motion carried: 4 -0. Chair Knutson asked for items not on the agenda. There were none. A discussion on term limits was held. Ms. Frye moved and Mr. Holahan seconded the motion to adjourn. Motion carried: 5 -0, Meeting adjourned at 7:19 p.m. -;;?-- 6;r ~ /' \\(\ (--=--J \ L~ V\ 1 -----------------~---- \ ~ l if) r , \ . ') ~\J ""'- \\!-\ ,-"-; ,~~ ~,yJ .---------- -- - - - - - - - -- ()o.~if' }-~\{\J ~/' /../AtJ1-- "'- . 'V1 l? . ,?v1 /' f /' !0/L0n [:;10e l~ \ ~--------~---- -----~---