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HomeMy Public PortalAboutZBAM 2017-03-08 • TOWN OF FRASER BOARD OF ADJUSTMENT MINUTES DATE: Wednesday, March 8, 2017 MEETING: Zoning Board of Adjustment Meeting PLACE: Fraser Town Hall Board Room PRESENT Commission: Commissioners: Chair Jean Walter, Vice Chair Steve Sumrall, Mayor Philip Vandernail, Parnell Quinn, Sam Brewer, and Cody ClaytonTaylor Staff: Town Planner, Catherine Trotter; Town Clerk, Antoinette McVeigh, Town Manager, Jeff Durbin Others: Adam Cwiklin Chairperson Walter called the meeting to order at 6:30 p.m. 1. Roll Call: 2. Public Hearings and Action Items: a. Public Hearing The BOA has received a variance application submitted by Adam Cwiklin. The applicant is the owner of subject property which is located at 191 Eisenhower Drive in the R1 zoning district (Fraser- Eastom Lot 22-23 Block 1 and the north 55 feet of lot 21). This request is for a rear setback encroachment. The northeast corner of the foundation wall of the newly constructed replacement garage is 4" over the rear setback line. Commissioner Taylor moved, and Commissioner Quinn seconded the motion to open the public hearing. Motion carried: 5-0. The BOA shall have the power to grant variances from the provisions of the Zoning Code, only if it finds all of the following conditions are present: • There are unique physical circumstances or other conditions peculiar to the affected property, such as exceptional topography or irregularity, narrowness or shallowness of lot; • The unique physical circumstances or other conditions do not exist throughout the neighborhood or district in which the property is located;. • The unique physical circumstances or other conditions, or any other hardship complained of, have not been created by the applicant; • Because of the unique physical circumstances or other conditions, the property cannot be reasonably developed in conformity with the provisions of this Chapter; • The variance, if granted, will not alter the essential character of the neighborhood or district in which the property is located, or substantially or permanently impair the appropriate use of adjacent conforming property; Page 2 of 2 • The variance, if granted, is the minimum variance that will afford relief and is not • detrimental to the public good or to the purpose, intent and spirit of this Chapter of the Town Comprehensive Plan. The applicant answered questions and the BOA determined that the conditions listed above apply to the variance request. Commissioner Quinn moved, and Commissioner Taylor seconded the motion to close the public hearing. Motion carried: 5-0. Commissioner Quinn moved to approve Resolution Number 2017-03-01 A RESOLUTION RECOMMENDING APPROVAL OF A VARIANCE REQUEST PRESENTED BY ADAM CWIKLIN IN REGARD TO A 4" REAR SETBACK ENCROACHMENT AS A RESULT OF A NEW GARAGE and Commissioner Brewer seconded the motion. Motion carried 5-0. 3. Adiourn: Commissioner Brewer moved, and Commissioner Taylor seconded the motion to adjourn. Motion carried:5 -0. Meeting adjourned at 6:50. Antoinette McVeigh, Town Ili