HomeMy Public PortalAboutZBAM 2018-08-29 TOWN OF FRASER BOARD OF ADJUSTMENT
MINUTES
DATE: Wednesday, August 29, 2018
MEETING: Zoning Board of Adjustment Meeting
PLACE: Fraser Town Hall Board Room
PRESENT
Commission: Commissioners: Chair Jean Wolter, Katie Soles, Mayor Philip Vandernail,
Parnell Quinn, Sam Brewer
Staff: Town Planner, Catherine Trotter; Town Clerk, Antoinette McVeigh, Intern
Will Russell
Others: See Attachment
Chairperson Wolter called the meeting to order at 6:30 p.m.
1. Roll Call
2. Approval of Agenda
Commissioner Vandernail moved, and Commissioner Brewer seconded the motion to
approve the agenda. Motion carried: 5-0.
3. Consent Agenda
a) Minutes November 29, 2017
Commissioner Quinn moved, and Commissioner Brewer seconded the motion to
approve the consent agenda. Motion carried: 5-0.
4. Public Hearings and Action Items:
a) Public Hearing - 837 Quail Drive Variance
We are in receipt of a variance application submitted by Nathan and Stacey Peterson
(applicants). The applicants are the owners of subject property which is located at 837
Quail Drive in the MDMF: Medium Density Multi-Family zoning district (Lot 1, Block M,
Victoria Village). The applicants would like to split the lot north-south to allow a single-
family attached dwelling to be constructed without creating a townhome and/or condo
product.
Commissioner Soles moved, and Commissioner Vandernail seconded the motion to
open the public hearing. Motion carried:5-0.
The BOA has five voting commissioners, Wolter, Soles, Jardine, Brewer and Bowles
with two alternate voting commissioners, Vandernail and Quinn. The alternate BOA
commissioners must vote in the absence of Jardine and Bowles. The concurring vote of
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four (4) members of the BOA shall be required to grant an application for a variance only
to the extent it finds that the following conditions, where relevant to the subject property
and adjacent neighborhood, 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;
• 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 or the
Town Comprehensive Plan.
• The variance is needed to provide a reasonable accommodation to a person or persons
with a disability.
Nathan Peterson answered questions and the BOA determined that the conditions listed
above apply to the variance request.
Commissioner Vandernail moved, and Commissioner Quinn seconded the motion to
close the public hearing. Motion carried: 5-0.
Commissioner Soles moved and Commissioner Quinn seconded the motion to approve
Resolution 2018-08-01, a resolution recommending approval of a variance request
presented by Nathan Peterson in regard to a 3' rear setback encroachment to remain on
said property as presented to the Board of Adjustment on August 29, 2018 and allow the
applicant to move forward with subdividing this corner lot- lot 1, block m, Victoria Village
with the new lot line running north/south. Motion carried: 5-0.
4. Public Hearing - Verizon Wireless Variance
We are in receipt of a variance application submitted by Anne Richards on behalf of
Verizon Wireless (applicant). Christofer J. Hillison is the owner of subject property which
is located at 520 N. Zerex Street in the Business and Riverwalk Mixed Use Overly
zoning district (Fraser 1st— Eastom 1st Lot 8-17, Block 10 the west half of Lot 17). The
applicant would like to construct a 40' monopole disguised as a clocktower with
associated ground equipment.
Commissioner Quinn moved, and Commissioner Brewer seconded the motion to open
the public hearing. Motion carried:5-0.
Town Planner Trotter informed the BOA that the notice was sent to the required
surrounding residents and businesses; however, the attachment was missing. The letter
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stated that additional information is available at Fraser Town Hall. It was determined this
was sufficient to move forward with the public hearing.
The concurring vote of four (4) members of the BOA shall be required to grant an
application for a variance only to the extent it finds that the following conditions, where
relevant to the subject property and adjacent neighborhood, are present: (the same
conditions listed above).
Anne Richards answered questions and the BOA determined that the conditions apply to
the variance request.
Commissioner Brewer moved, and Commissioner Quinn seconded the motion to close
the public hearing. Motion carried: 5-0.
Commissioner Soles moved and Commissioner Quinn seconded the motion to approve
Resolution 2018-08-02, a resolution recommending approval of a variance request
presented by Anne Richards on behalf of Verizon Wireless to construct a 40' monopole
disguised as a clocktower with associated ground equipment at 520 N. Zerex Street
Fraser, more legally described as 1st— Eastom 1st lot 8-17, block 10 the west half of lot
17) with conditions as specified in the resolution with the exception that#6 be amended
aa follows:
#6 A maintenance and security plan shall be provided by Verizon prior to issuance of
a building permit. And the following two conditions be added to the resolution:
#7 Final design of the clock tower shall be approved by Town Staff.
#8 The clock must be visible from US Highway 40. Motion carried 4-1, Nay Vandernail
5. Adjourn:
Commissioner Quinn moved, and Commissioner Soles seconded the motion to adjourn.
Motion carried: 5-0. Meeting adjourned at 7:25 pm.
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Antoinette McVeigh, Town Clerk