Planning Commission - Regular Meeting

I'm Robert, chairman, board of zoning appeals. I like to call this meeting to order. Um, do we have any agenda to the agenda? No, sir. We have no agenda, but in your packets, the minutes from the July meeting were included. We noticed that after the fact. So, uh, we will bring, if it's okay with you, the September minutes from last month back to you at the next meeting to be approved along with the meeting minutes tonight if that works for you. Okay. We don't need a vote on there will be no vote for the minutes tonight. All right. Then we'll go straight into public hearings a 2510 appearance request to allow accessory structure from front yard 515 Alam Road.

Yes, thank you. This is 515 Alen Road. And to get you oriented as to where it's located, it's on the corner of Alen Road and Hilltop Drive. You can see it highlighted in the red right here. Uh to the right to the east, you can see Marchbanks Avenue. Also, Calhoun Street. Over toward the southwest, you can see Randall Road is the neighborhood that's situated between that. Obviously, MC Middle School is not pictured on this, but it is located to the north of it. Again, Greenville Street is to the west. Here's another vantage point of the property we're talking about tonight. On the corner, what you'll see in the black, and again, this is not to scale. It's just showing you the general area of the the subject area that we're talking about tonight. So, that's where it's located on that portion of the property. But the applicant is seeking a variance from front yard requirements at his property for an accessory building that was recently installed. without obtaining a permit first and going through the variance process. Building permits are required for accessory buildings when they're over 200 square ft. This building is approximately 450 ft. So, a building permit should have been obtained for this um size of structure. Like I mentioned, this is a corner lot, so it has road frontage on two sides. And just to make sure you're oriented, the house facing the portion of the house facing Allen is the front of the house. So the portion where the building is located currently is on the hilltop frontage. Now per the zoning ordinance section 14.6 of the guidelines, it states that if a lot has two street frontages, then they have two front yards. So the guidelines pertaining to front yards apply to both. If it's a corner lot, in this particular instance, they are considered to have two front yard setbacks. And we'll dive into this

request a little deeper in their zoning ordinance. It says that a front yard is defined as the area between the street right ofway and the main building. And it says in section 14.10, that's the accessory use section. It states that accessory buildings must be located in the side or rear yards. It goes on to say that accessory buildings may be located in the side or rear yards, but they may not occupy more than 30% of such yards measured from the interior building. And no accessory structure shall be located closer than 3 ft to the property line. But the property owner installed an accessory building measuring 40t 3 in in length and 11t 3 in in width. So again, approximately 450 square ft. But since it's a corner lot, much of it extends into the front yard along Hilltop. So only seven feet is behind the corner front corner of the house. So about 33 feet 3 in of the 40t encroaches into the front yard. Therefore, the applicant's requesting a variance from front yard requirements in the amount of 33 feet 3 in. Now, I'll show you a few photographs here uh pertaining to where it's located right now. But then this is kind of the view from Hilltop kind of near the corner of Allen actually. This is a view from Allen. You can see the front of the house looking down the driveway. You can see the building in the background. Also to the far right, please note that you can see the pavement for Hilltop right there. So that gives you a vantage point as to where it's located in relation to Hilltop Drive. This is the building as you look at it from Hilltop. Another photograph of it. And this is another photograph from Hilltop.

So, we've discussed this in the past that in order to grant a variance as a board of zoning appeals, you are charged to look at the findings of fact that are stated in the zoning ordinance to help make your decision based off of those findings of fact and we'll go over those again. But in the zoning ordinance, it does say that a variance may be granted in an individual case of unnecessary hardship if the board makes and explains the following findings. There's four findings of fact. So if you can justify these four findings of fact, a variance can be granted. One is that there are extraordinary and except exceptional conditions pertaining to the particular piece of property like size, topography or shape. Also another factor to consider is that the conditions do not generally apply to other properties in the vicinity. Uh the third one is that because of those conditions the application of this ordinance to the particular piece of property would effectively prohibit or unreasonably restrict the utilization of property. And then the last finding of fact to consider is that the authorization of a variance will not be of substantial detriment to adjacent property or to the public good and the character of the district will not be harmed by granting the variance. So those are the factors to consider and when looking at variances variances and again not necessarily things like well if the public's not opposing it then we should grant it. It needs to be more substantial than that. And the findings of fact is a good guide to follow when making these decisions. That's what you were charged to look at um when looking at all types of variances. Now, as you can see, the staff made a recommendation of denial in this case. We went through each of the findings of fact and gave our opinion. I'll go over those real quick. We see that it met one of the findings of fact, but not all four of those. But in terms of the extraordinary conditions, we determined

that in our opinion that the site is not unique. Yes, it is a corner lot, but the lot is similar in shape and size to the other ones in the vicinity and topography is generally um flat in the area, but again, it is a corner lot, but the site is not unique in terms of um the topography or size or shape. The other finding of fact is the other property. Whether or not that these conditions don't apply to other properties in the area, we do support that. This is a corner lot with two front yards. Therefore, it's a condition that's not applicable to other lots in the area. Um, when you look at utilization of the property regarding the standards of the zoning ordinance saying that it restricts them from doing what they want to do, uh, we don't think it really restricts them because they can have an accessory building on the lot. Perhaps a smaller building would be more suitable than the large one that we're seeing here. Also, the front yards along Hilltop Drive are this is a fourth one actually, but the detriment to the public, the character of the neighborhood. We see that the um let me show you a slide here. The front yards along Hilltop Drive, you can see it kind of outlined by this red line. That's where the frontages are. We feel like that that is generally consistent along Hilltop Drive. and adding to a building in the setback that will encroach beyond well beyond that red line could be a detriment to the surrounding community because you don't have structures located beyond that front line of the building. So, just wanted to share that with you as well. But again, that's the staff's opinion of the findings of fact. And again, when making your decision, you can discuss your opinions regarding those findings of fact. But we do want to say that this is a corner lot and there are some constraints in the back of the property.

You can see in the slide that there is a swimming pool located there and uh a smaller building with a very small encroachment into the front yard may not be as impactful and could possibly be acceptable and justifiable from a small hardship standpoint. But we see that an encroachment of over 33 feet into a front yard is is excessive in the staff's opinion. And unfortunately, you see the building on the ground here. It was installed without a permit. So, we weren't able to head it off before it was brought to the site. We could have talked about other options like maybe a smaller building situated a little bit differently, but it is on the site. So, it is what it is right now. But I do want to end it by saying that with a 33 foot encroachment, we need to ask ourselves a question that would a precedent be set for future cases that come to you if a grant a variance is granted for um 33 feet for a variance of this magnitude. So we just wanted to leave that with you. Um be glad to answer any questions from the staff. I do know the applicant is in attendance and he would like to address the board as well.

Any any questions for staff? I just um just I'd like to say just verify just like because we do have some new members to when you're looking at this fun fact all four need to be um within um the limits for it to be approved. Right. That's right. You need to consider all four findings of fact and make a justification for each one.

Okay. And as far as we know, the so it's already there. The the applicant didn't make a didn't have an application that the um contractor that put it out there or if there was a contractor whoever moved it there didn't have an application either. Uh I'm not aware of them having a business license. Again, it appeared we found out after the fact. So we do know though that a building permit was not obtained.

Okay. All right. Any any questions for staff? I understand the applicant is here. If you would um just stand go to the mic, state your name. Hello, my name is Daniel Rutled. I'm here today with my wife of 17 years and our son Mark here who is 12 along with a neighbor as well. We're long-term residents of Anderson. Have lived in our home on Alamy Road for almost 10 years. Our home is built in 1962 and our neighborhood is very quiet, friendly, and with very little traffic. A few months ago, we purchased a storage building locally from CNS Storage Solutions 28 Bypass. A few months ago, we purchased um sorry uh this is the first time we've ever made such a purchase and didn't think to ask the owner of that business if there was anything needed from the city in order to purchase a building um and have it set up. We're sorry for being naive in this matter and if a solution can be reached, we're willing to pay any permitting fees that would have been charged during that process. Soon after purchasing the building, we're informed by the city that a complaint was made about the building and were told that these things are purely driven by complaints. We later found out that the complaint was that we had placed a mobile home on our lot, our 63 acre lot. As absurd as that complaint was, we were also informed that being on a corner lot means that our we have two front yards and what we consider to be our sideyard has the same restrictions as our front yard, even though the building does not impede anyone's view and the land directly across the street on a hilltop

is undeveloped. It's worth mentioning that in searching for a building, we intentionally selected one that we thought added appeal to our neighborhood as reflected in the multiple conversations we have had from neighbors who love the look of the building. I've given a list of a few of those. Um, not sure if y'all had a chance to review those. Um, three of which have a direct view of my property from theirs. Others have called to leave a voicemail in favor of us keeping the building, even though I was told by one of them that the voicemail box was full when she attempted to call. So far, my request has been recommended for denial, but I'd like to address the four factors that were given to you for consideration. One, it was stated that although I'm on a corner lot, the property is not unique. I presented a visual showing my lot along with 1503 Hilltop next door and the two homes next to me on Ally for comparison. Outlined in blue in each lot is what each property has available out out of what is considered front yard space. My property is the one the bottom right where you see the big blue X that does cover my pool and which was installed in 1963. Can anyone look at these four properties and not pick out the one that is unique? I can't or can't. It's pretty obvious that one of those homes has not even half of the available space that the others have in what is a buildable area.

The usable space of the other properties is at least double that of my property, even with including the pool as usable space. Can any of us look at this comparison and not honestly say that that meets the definition of unique? It was also stated that the ordinance pertaining to the front yard does not prohibit an additional structure to be added to the lot. Instead, it was stated that the property is indeed limited, but only due to the existing pool. The original owners of 515 Alam were the Kenups. I know this because I've met multiple people over the last decade that have given me stories about swimming in the pool that is at my home. Apparently, the Kups were wellknown and often let neighborhood kids swim in their pool. So, I get to hear a lot of interesting stories. All of these people that have told me this are older than I, yet they swam in my pool as a child. My point here is that this home is unique in that it was built in 1962, has over 3,300 square feet, and was built with a pool. But being a larger one-story home with a pool, much of the land is taken up, as you can see. I purchased the home with the pool without knowing that one day having a pre-existing pool will be considered a factor on whether or not I'm allowed to have a storage building. Again, I refer you to the visual showing that the vast difference in backyard space between adjacent properties. It was then stated that the homes along Hilltop Drive were consistent and that this structure would be a detriment to that. Yes, that statement is an opinion, but I'd like to ask if the opinion of those living in the neighborhood matter if we're looking at that as an opinion as

well. Whose opinion should matter the most when making decisions for homes within a neighborhood? I know you've received phone calls from neighbors with positive things to say. I've submitted several emails to to you all if you've been able to read them with feedback from those neighbors. Anytime I'm in my yard, I get to conversations people driving by or walking their dogs. 100% of the feedback that I've received has been positive from those telling me how nice it looks. thanks for adding to the appeal of the neighborhood and so forth. This feedback includes three of the four neighbors that can see my property from theirs. It's worth mentioning that the fourth neighbor is it possible to scroll these pictures?

Sorry. Today's not updated with any of the newer ones I posted.

That looks good there. It's worth mentioning that the fourth neighbor, which I have not been able to speak to, is the one home directly adjacent to my property, that does have most overgrowth in the entire neighborhood. You're unable to see this building from that yard because the weeds and vines overtake part of the house along with my yard. They've destroyed my fence in my backyard. Again, the overwhelming feedback from those that live around me is that the building does indeed add to the character of the neighborhood. There's, in my opinion, there's no merit that the building detracts from anything. After all, this is an expensive structure and I believe that it has cosmetic appeal. Lastly, it was mentioned that I should simply get a smaller building. I have pictures if you'd like to see, but again, this this is more my problem than yours. I've taken a few pictures of the items that I need to put in this storage building. I'd like to for once to be able to park my my vehicle in my garage and reclaim that area just like any man would. What is considered my office space in my home is also used for storage. I'd like to move that out. And I grew up riding dirt bikes, four-wheelers, and things of that nature. And I've always wanted to share those experiences with my son. So, after many years of working long hours with long commute, I finally have the time that it takes to do these things. So, I recently purchased two very large two-seater go-karts that are 6 foot in length. Without this building, I would not be able to keep them. Along with the go-karts, I have a riding mower like most of you. riding mower, push mower, three electric bikes, an outdoor ping pong table, a pool table, I've got a 12-year-old son, power washer, gas generator tools, and so

forth. Ultimately, I do need that amount of space. That aside, I fully believe that my situation does indeed meet the criteria to have the special consideration. I just wanted to mention a few names of my neighbors that have reached out to me directly to tell me how much they like the building and believe that it actually adds character to the neighborhood. Randy and Kim Lawless, 513 Allen, live in the adjacent lot beside me. Chip and Stephanie Kinsley, 514 Alen, directly across the street. Shirley March Banks at 14:30 Hilltop, which is the closest home across the street from Hilltop. And again, directly from that view there, Hilltop is undeveloped, so there's no one that actually has a direct line of sight to the building. Katherine Smith, 400 Hayward. David Williams on Alamy. Richard and Kimberly Spear, 506 Alami. James and Linda Chadorn 510 Alam. Larry Pressure 405 Alen. These are just the neighbors that I have their addresses, not to mention many more that I've just had conversations with because I have many people in my neighborhood that walk their dogs, travel through and it's a very friendly neighborhood. Um, but I appreciate your time and would like to answer any questions you have.

All right. Thank you, Mr. Any questions for that? You know, can I ask a question of staff after hearing from? Yeah, I we're going to get there. Let's let's ask him and then if if somebody else want to speak in behalf of the applicant, we'll do that and then we can go back to staff because I have a question for staff also. Any questions for the applicant? Is anybody here that would like to speak on behalf of the applicant? Is anybody here opposed? All right. Can we Thank you very much for Thank you. staff, if you don't mind. Go ahead.

So, and looking at the lot and and what's considered the front yard. So, would would he be restricted from being able to put any kind of fence or any kind of structure there around the perimeter of the yard? That's correct. A fence can go into the front yard, sideyards, that is allowed for our guidelines. So, like a privacy fence could go there and that wouldn't take away from the appeal, but but a building like this would take away from the appeal. it if it screens it from view perhaps it would it would do that.

I'm just saying the structure in general. So like if they had a privacy fence that doesn't change the I guess the makeup or the or the facade of the neighborhood but like the building would according to the guidelines we don't fences if I'm following you correctly fences don't apply to our front yard setback requirements or anything like that. Oh, I understand that. But I mean, I think in the finding of facts there's a determination whether it would be the variance would substantially be a detriment to adjacent property. I got you. So, having a fence would soften that. You mean?

No, I'm saying if you can have a fence, how would that be different than having something a structure this way? If they if they have the ability without restriction to be able to put a fence, that seems like it would be an allowable structure that would greatly affect the the kind of the the character of the I don't think it would be harmful, but but more than this structure, I guess I the I get to reconcile that issue,

right? Fences are not addressed in the zoning ordinance regarding its location, it setbacks. When we talk to someone about fencing, we just tell them that, hey, keep it off the property line because you're sharing a property line with somebody else. But in the zoning guidelines, it does address accessory uses and accessory buildings, and that's what we're looking at today. But I hear what you're saying about the fences, but our zoning ordinance just does not address it. It doesn't fall in this category regarding the front yards or front yard setbacks.

And if there was a fence, would then would there still be considered the front yard if it was even if it was a privacy fence? the yards are. Yeah, the there's two front yards considered here because it's on a corner lot. A fence wouldn't negate that from being a front yard, but you know, one could say it could screen the view or whatever the case may be depending on the fence. T my my question was going to be pretty much along the same lines of yours. If this was not a front yard setback, would the building be within a regular sideyard setback?

For side and rear, it needs to be three feet off the property line. So it would it would be within the a setback for that street was not an additional side yard. I mean additional front yard would it be within like if Hilltop didn't exist is what you're saying. Exactly. See it appears that it would Yeah, it would be fine. Okay. Because it's set back behind the front corner of the house and then it's three feet off the property line side and rear. But again, it has street footage. So, but this is a portable building, not a permanent building. It's a portable building

on a permanent foundation. It's on SK, didn't it? It came out on a whole So, it could be good. All right. Any other questions for staff? Any discussion on the board? I have I have something to say here, Mr. Chairman. Mr. Rage,

sir, I appreciate your input. And this board normally tries to help people out. Uh, however, in this case, that's a lot of feet. This 33, that's a lot of feet. And that that's a big structure. Uh if we were to approve this, we're going to open up the door for other cases like this. Uh if maybe you can get something smaller and bring it up before the board or something. Uh otherwise, right now I I I cannot see myself approving this. And uh do you have let him talk some before I make a motions?

We can um Yes. You addressed him so he has I think he would have a chance.

Um understand where you're coming from on that. I I believe that in looking at this particular property and where I showed you that it's from an aerial view it is very different from the other properties. the chances of having the same situation to where this becomes a common thing, I I believe would be very limited because we're only dealing with one corner lots, two corner lots that have the vast majority of their yard space being in what is considered the front yard. And in comparison to those homes around me, uh it is very different in that aspect. So I would think that that would have to come into comp into play if you had other folks looking for variance.

Um any other questions while he's there? Any other questions for applicant? Any other discussion board? I can't tell from scale. Would it not fit rotated just as a point of reference based on the pictures I see? I know that seems like neighbor's shrubbery that's all against the building is property such that it would not have fit rotated

no it it it would not fit rotated um if if I and and again I I was unaware of of the whole sideyard being the front yard in my in my thought I was putting it in an excellent area to where it was less viewable there's no homes across the street that are looking at my property the neighbor behind it all of that overgrowth belongs to she can't even see it. So really, no one has a direct line of sight to it. And if we're worried about the appeal of the neighborhood, um I I think I've proven that case as well on what my neighbors feel about it. Thank Thank you, Mr. Okay. Thank you.

One other question for staff. This was posted signs. Yes. Advertised in paper signs been out there for two or three weeks. Negative. Uh we receive several calls. We always get calls because people see a public notice sign and they think you know something commercial is getting ready to happen. So most people are just curious but we did get a few calls as Mr. Rutled acknowledged uh people called in support saying that they have no problem with the structure and general statements like that. Okay.

All right. Any discussion must board? But as far as finding effect of facts, I mean I I think it's given to us. I know that how how the recommendations are categorized. Can we kind of discuss a little bit like my understanding of the finding of facts? Sure.

I believe it meets all four of the the prongs of the of the the variance allowance. Um, as I understand it, they say that does not mean they they acknowledge that B complies that meet they they they kind of con concede that B would be compliant with the with or part of the variance that it meets that prong. As far as A, I mean, because it specifically says size and shape. Um I I think because of the the shape of the yard and then the size of the backyard. I mean they are pretty heavily restricted as what they can put in the the property as well. Um and and C I think it meets this because of this particular piece of property it would effectively prohibit from from being able to do and add things that I think any other any other home would be allowed to do it. That my my understanding is that it meets the sideyard provisions. Um I don't want to necessarily say arbitrary, but if if they're allowed to put a fence there

or if it if there's another house there, I mean, another that road wasn't there, it' be okay.

Yeah. So, I I just feel that I mean that I think it that effect and and because of that, it does effectively prevent them from being able to use the property as other people get to use their property. Um, and then as far as the the authorization for substantial detriment to the adjacent property, I mean, I don't think it it affects the character of the district, but again, if if they're able to put a put fences there, that seems like it would it would change the character and that that's permissible as opposed to to just having a building. But I looking at the pictures, I I don't believe it it does change the character of the neighborhood. and and I and I I I sort of agree with you that the only problem I have is president if we do this for this one somebody else can come up and say we did it for him when and I think that's and they would have to show the same thing that they would have to show that the that their yard is is such situated such that that they have two the majority of their yard is considered front yard.

Okay. Um, even without the pool, they have a very small backyard comparatively to other other lots. Um, so I understand setting precedent, but every variant sets precedent. Um, and so and everyone is taken by case by case. So it's not I I don't I'm not fearful of of all of a sudden people putting, you know, like trailers in their in their front yard because of this instance. Okay. Any questions for Todd?

Mr. Mr. Chairman, I appreciate everybody's input in this. However, I don't feel comfortable with this. This is an awful big uh structure. There's a lot of feet involved. Therefore, I make a motion that we deny this request.

All right, we have a motion to deny. Is there a second? Um, I just wanted to say it right now, this is just a personal feeling. It would be hard for me to vote against this because I use Allen B and Hilltop as a thoroughfare from Heritage Hills to get to Walgreens and some other roads. And I have never gone by there that I thought That building looked out of place.

All right. Well, right now we have a motion and we'll take a vote, but we need a second for the motion. Or somebody else want to make if we don't have a second, we need to make another motion. I can't vote. Move to approve the the variance. All right. Do we have a second for that? Second. All right. So, now we have a motion to approve with a second. All in favor say I. I. Just all raise hands. I I can't I can't look both ways. One, two, four. And all oppose say I.

I. It's four to one. So it does it is approved. All right. We'll move on to rest of business. Any other board business? That's it for tonight. Okay. Yes. You know, we've come up with a couple of my tenure here. I'll do that, Chris. Yeah. Um, what have we ever thought about in zoning addressing a dual front yard setback in in a residential district? Because it seems like this is has been and will be an ongoing discussion. I think it needs to be a case by case, too, because you don't know what people are going to put up. Well,

no, I I agree with that. You're talking about the having two front yards. Y'all are free to leave if you if you want to is pass. Y have to stay here. It's a good question, Aaron, because we're in the process now of revising all of our zoning regulations or documents. And uh I haven't seen the final product yet. But while they still will maintain, you know, pretty hefty setbacks. The that's called like a primary front yard and then the secondary front yard is what it'll be called. And they will be looked at a little bit differently from what I understand. I haven't seen it yet, but more to come. We will be presenting the draft information to y'all for your review as well as it gets closer. I agree with you, Glenn. I think it does need to set forth a review.

Yeah. But I also think that it is one of those things if you have a corner lot which way is your house and adjacent property oriented. It is a driver of this whole discussion that if it is but I have to and I understand where Peter's coming from because let's say the notwithstanding this condition but you've got a neighbor in their house. We've done things before where there's some it's like I look back and say I wish we'd never pass that. You ride by and say it's atrocious. Okay. And you can see from the street just I I'll ride you by one sometimes and show it to you. It's like why did we have to do that? So all right. Any other um any any other staff?

No more visits from the staff. And again our next meeting don't know when it'll be. We don't have any applications coming up. So, but when we do, we'll bring both the September and October minutes to y'all for your consideration. Okay. All right. Do we have a motion to adjurnn? And a second. All in favor? I'm assuming that's not