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.
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