Planning Commission - Regular Meeting

objections.

I have a motion to approve. Do we have a second? Second. All in favor say I. I. All oppose like sign. All right. I understand we have new members. So

Yes, sir. Um if you'd like for me to go over that for you. Um again the board of zoning appeals is made up of seven members and three at large members that reside in the city make up the board along with four members that um represent a certain profession attorney, real estate, construction and architecture. So you have those professions um set as part of the BZA and then you have three at large members. So tonight joining us we have three new members. We have Persona Haret Nanny. He's an ATL at large member. Uh we have Jacqueline Jackie Freeman who's also serving at large. And then we have Todd Puit who is now our attorney representative on the BZA. So glad to have everybody here. We now have a full board of seven members. Aaron Jeffers, our architect, obviously he's not able to attend tonight. So otherwise um we have six of the seven here tonight.

All right. Like to welcome all of y'all. I thought I didn't hear what I said. I'm Glenn Roberts. I'm chairman Peter Pder and Bell. Very nice to meet y'all. Welcome to the board. Thank you. Thank you. All right, we'll go ahead. Um, can we since I'm late and everything, let's can we do the election of officers at the end? At the end, we make a motion that can just No, perfectly fine. We can move it to the end. Move it to the end. That way, we'll get y'all don't have to sit around and wait on us to do that. Um, we'll get straight into public hearings. We'll start with um AA25-8, a request for front yard requirements at 1304 Stratford Drive.

Okay. 1304 Stratford Drive is actually at the corner of Reed Road and Stratford Drive. You can see on your screen is this property highlighted a little bit darker in red on the corner, but in many instances you see variances come before you because it's a corner lot or whatever the case may be. But in this instance, the corner lot does not really come into play. This is the property. Again, I zoomed in a little bit more because on the bottom of the lot, this is the area where we're going to be talking about tonight in their driveway area. So, this is where the property is located. I'm sure all of you are familiar with this location, but the applicant is wishing to obtain a variance from front yard requirements relating to accessory buildings so he can install a 20 by 30 detached carport. Section 14.10 10 of the city zoning ordinance states that accessory uses accessory buildings may only be located in the side and rear yards and the definition of a front yard is the area between the street line and the main building. So basically the front corner of the house to the street is considered a front yard. So again section 14.10 says you can have accessory buildings in the side and rear but not in the front yard. Uh now this 20 by30 carport although most of it about 22 feet of it will be behind the front corner of the house thus in compliance uh the location of where they are proposing to put it about 8 feet of it will extend in front of the front corner of the house. Therefore they're requesting a variance of 8 feet now an ex and also really a variance to extend into the front yard setback as well. Now, there is an existing concrete pad on the left side of the driveway. Um, well, let me see here. Okay, you can see this. Okay. Yeah, you can see there's an existing concrete pad to the left side of the driveway, and that's

where the carport is proposed. And that pad extends about 8 feet closer to the street than the front corner of the house. And again, about 22 feet of it extends behind the front corner of the house. So they are looking for a variance of 8 ft. This is another perspective. You can see they already partner cars there. But the proposed carport, which is a prefab carport, it's in your packet. We'll go over it in a minute. They just like to place it over that section that's already in existence. And according to the applicant, there is a physical hardship because bringing the footprint of the carport in line with the front corner of the house, it will require him to remove a significant amount of dirt and there's a slope behind the concrete pad. It also add require him to add more concrete adding to the impervious surface of the yard, thus more runoff. And you can see there's a lot of concrete already there. But this is the area if they were to build back to meet the setbacks. That's the area we're talking about. Now the carport again, it would be over that bumpout on the left side. It will be approximately 42 feet from the curb on Stratford Drive. The front yard setbacks in R20 district is 40T. Although that technically applies to the primary building like the house, just wanted to let you know that a house could be within 40 feet of the front yard setback. So, this is 42 feet. Uh, some extra information the applicant gave us, and the applicant is not in attendance tonight, by the way. Uh, the applicant intends to plant shrubbery in front of the concrete pad to help soften up the structure. And you can see there's a large tree in front of the where the building will be. Now, one thing I do want to go over with y'all as a board of zoning appeals, there are four um um for var for variances or four

findings of fact that you should consider when making any decision relating to variances from the zoning ordinance. And one is um if there are extraordinary and exceptional conditions pertaining to the property in question like size, shape, topography, and if the conditions do not generally apply to other properties in the vicinity. And because of the conditions, application of the zoning regulations would unreasonably restrict the utilization of the property and also if authorizing the variance would not be would not be a substantial detriment to adjacent property or surrounding neighborhood. And as we continue this conversation, we can go back over those um criteria as well. Uh, real quick I want to show you the Well, this is a drawing again showing the bumpout where the carport's going to go. It covers the area of the concrete. You can see how it's configured. These slides don't didn't really show up well when we made the copies, but this is a typical detached carport that's prefab that you see in many locations. There's no walls to it. It's more of a freestanding pole. Now do want to say from a staff perspective the need for a variance could be eliminate eliminated altogether if they put in a smaller building like a 20 by 20 building. uh that would cause the building not to have to encroach into the front yard, which would be ideal from a zoning perspective. But obviously, if they do a 20 by 20 building, a couple of the poles will be sitting on the concrete pad, not in the middle of it, but it would be somewhere on the concrete pad, which could render that pad, you know, more difficult to navigate and to use. Um, also variance could be avoided by grading that back area that I was showing you earlier by cutting some off. And I

showed on this drawing here. I made a little and you can see a little pencil drawing here beside the driveway. There's some curvature of the driveway as it extends out. Perhaps if that was the fill area that could prevent the variance. It looks like it would be about 10 feet back. So there was a couple of ways for them to avoid variance which um would be smaller carport or you know the possibility of cutting some area in the back to take care of that. So uh just want to let you know about that. Now you can see in the staff report the staff did give a recommendation of general support of the 8-oot variance for the size of building because of existing conditions on the ground and rather than giving a straight recommendation of approval which we would do recommendation of approval or denial uh for that matter we wanted to give you some factors to consider. So that's why it was more of a general recommendation because we do see that there's opportunities to possibly avoid the variance but those conditions on the ground are the exists. They already use it for parking. Uh there's a lot of concrete already on the site and there will um obviously be a need to have more concrete if they move it back and it increases impervious surface area and that could be considered somewhat of a fiscal hardship because it does add more impervious surface area, a little bit more runoff in that manner. But wanted to mention that the building is set back or will be set back 42 feet and almost 75% of the carport will still be behind the front corner of the house. So 75% would be in compliance, but it would extend up a little bit. But I did want to mention those factors to you. But I do know that when applying the request to the four criteria that we went over a moment ago that you're charged to look at and review, uh it may be difficult to justify meeting all of those findings of fact. So that's something to consider

obviously. But again, this is coming to you this evening. I don't Are you the applicants for scratch? Okay, very good. The applicants are in attendance now. But if you have any questions for me, the staff, be glad to answer those. And then also if you have any questions for the applicant, they are in attendance right now as well. Okay. Any questions for staff? Have we had any complaints or anything from the neighbors?

Apparently, there's a lot of people that drive down this street. I got about 30 phone calls when they saw the public notice sign and uh the majority of them were just wondering, hey, what was it? Um when they found out, you most people always think that when they see a public notice sign, it's going to be reszoned to commercial or something like that. So when I explained it to them, most people just carried on. They just didn't want it to be commercial. I had one person um that expressed some displeasure, but um it was a general conversation we had. The reason I asked that question is first of all, that's a very nice neighborhood.

Yes, that's a very nice neighborhood. And uh normally I if if you had a lot of people complaining because it's uh obstructing their view or whatever, but uh like you just said, if if there's none uh nobody opposing this uh I don't have a problem with this, Mr. Chairman.

All right. Any other questions for staff? Well, we we let's let's listen because I'm not real sure. I want to know what can would you like to since you're the applicant like to get up and state your case?

Just if you could just stand up here and state your name. Just if you could come up to the microphone and state your name. the uh as you can see from the from the view um from the street you can even you can't even hardly tell that we're that that we're violating the the the rule that says we have to be equal to um the side of the house. Um you know, we have um yes, that pad is 8 ft this side. Um and um but we have the tree, we have the bushes there. We're going to add a zelas to to further um enhance the the view and and and and block the the visual from the street. But as you can see right now looking at it, it really doesn't it it doesn't affect um the neighborhood if you um if we go to the next view. I'm sorry. How do we do that?

Yeah. Um there's a there's a vehicle that we're going to have underneath. And um you know, this view is actually taken from the garage. So, you know, you can see it just it really doesn't seem like it's going to affect much. Okay. Um it it won't even the view that our next door neighbors have. um they can't even see it because of the fence and the and the honeysuckle that's that's there

that that honeysuckle is is basically all the way down the down the fence. Uh the only thing they're going to see is is the rough is the outline of the roof. And by the way, that's their backyard that um that abuts my front yard. They're actually on Wilson Way. Um they're not on Stratford. Okay.

Um in this block, I'm the only house on Stratford. Everybody else is on Wilson Way. So, you know, again, we I'm really I'm asking for your indulgence. I really am. Okay. Well, I Are there any questions for the My only concern is being in in the front yard and it's and it's one of those prefab buildings in a nice neighborhood and you know if it was more of a custo we've done things before where people have gone where we've made mistakes and I don't want to make the same mistakes again because once it's up there it's up there. We can't take it down. I think you can see it from if you're coming from Reed Road and looking down the road, this one would be the first thing you see

is that carport sitting there. Well, if you're coming from Reed, the first what you see is the house. Yeah. And then you looking, but it's going to be in front of the in front of the house and that's what you'll see right there on the right. That that's my concern. Are there any other questions from So, I just had a couple of questions. Um, how long is the driveway, like the the the portion of the driveway that extended to where you parked? When was that done? Um, when did we put the the pad in? Was that Oh, it's been um seven, eight years. Yeah. Seven Seven years. Eight years. Because

for the parking portion.

Yeah. Basically, what we did was um right now you see an empty trailer uh cuz our boat is at Portman. Um but we were parking the boat in the front yard um before that and uh we just couldn't maneuver it well. So we we put in the the pad and um quite frankly with with where it's parked now now when you come up the street you see a nice sideyard that's sorted irrigated um and the and the cars are off to the side. They're they're not, you know, the other the other uh option of course is to is to park facing um the backyard there or the sideyard there. Um and if I were to put a carboard there, then that changes the entire character of the house and the yard and everything else. This thing takes it off to the side. It just pre. So, I don't think we had we just kind of had an example of we don't have like exact Do you have you ever purchased the carport that you're going to be using?

Do you have a picture of the carport? Uh, yeah. I didn't know if that is that the actual one or is that I think you said that was more general. This is a 2030 example. Again, doesn't show up very well, but this is the exact style model that you're looking.

Yeah. And and basically it's not the you know that that horizontal thing that's that's kind of U-shaped. This is this has a roof and it's going to have a side panel um that's three feet and uh the aelas um purchasing reasonable size aelas will pretty well hide the other uh three another three feet of of the columns. So it's it's not going to be an isore. I I don't live like that and Okay.

Want to have something like that. I I don't want something I'm going to be ashamed of and I don't want anybody else to be unhappy with it. All right. Thank you very much. Okay. Thank you. All right. Now, Maurice, this that back parking lot there is 14 by 30. So, if they had a added six feet to that, they could they wouldn't need a variance there, right? Uh well, again, looking Excuse me. That that's that back part right there going towards the fence in the way back there. This one right here where you have Oh, that'll bump out there right there. Right. That would ft of concrete. They wouldn't need a

right. Or if more was poured in this area here, you know, a few more there for that size of building or a variance could be avoided with a smaller building.

Yeah. Right. So, there are options there to consider, too. Right. There's there's land on the side of the house to do it. Again, obviously there would have to be some cut, grading, concrete work to be done in that manner there. But again, you looking at the four criteria, looking at the findings of fact that we gave you, that's kind of where we landed with things. But again, yeah, I think it's clear to see that it, you know, the variance could be avoided. But again, for that building and using that pad, then there would be a foot. Okay. Encroachment into the front yard set back. Yes, sir.

All right. Any more questions for staff? Nobody here opposed? Um, any discussion amongst the board? I Mr. George, is it Mr. George? Is is that the way? I'm just looking at your house and your your yard and everything. That's very nice. I don't think you're the type that would put something up there that that looked uh looked ugly. Uh I make a motion, Mr. Chairman, that we approve this gentleman's place. We have a motion to approve. Do we have a second? All in favor say I. I.

All oppose like sign. Okay, it is approved. You're welcome.

You don't have to for the second one, but you're more than welcome to. Uh, second public hearing is AA29, a request for advance for a second electrical meter at 11:02 Hanover Road. Yes, this is 11:02 Hanover Road. You can see it highlighted a little bit darker shade with red. I do want to say that these requests do not come before you very often. Maybe once every two or three years. So, congratulations to new members. You get to see one of these requests on your first day of uh of your duties. So, but uh this has nothing to do with the zoning ordinance necessarily. Uh we have a standalone ordinance that was adopted many years ago. Uh per city of Anderson codes, it states that properties in single family zoned areas may have only one electrical meter on their property. And that's really to discourage the conversion of accessory buildings or people subdividing a house for multif family purposes or even for commercial purposes. So that's the reason why that ordinance was put into place many many years ago. But the board of zoning appeals can grant relief from this code if there are no residential or commercial activities taking place and if there are constraints that justify that another meter is needed. and the applicants requesting a variance from this provision so they can install a second electrical meter on a newly constructed detached structure. You can see it in the background here. This building will be used as a garage and storage. It's not to be used for commercial or residential purposes. There's no plumbing connections to it. Uh none are planned. Um, our building inspections department's already been through the building and confirmed that it's set up solely for, you know, the storage in a garage. It's definitely not

suitable for commercial purposes or residential purposes at this time. Now, although the intent of the ordinance is to ensure that there are no additional commercial or residential activities taking place, we do try to look for some physical hardships that might be evident to help justify the need for another power meter because a lot of times you can connect to your existing service to extend out to another building. But uh the four criteria that we I went over earlier that really applies to the zoning ordinance and zoning and land related. It really doesn't fall into these standalone ordinances that sometimes y'all have to um hear and make decisions on. So those four criteria really don't apply to this. But again, we try to find some physical hardships just to help justify it. in addition to the fact that hey it's not going to be residential or commercial. We just want to see if you know there's any constraints and speaking with the applicant and their Duke Energy representative did recommend that it's most feasible for them to have a second meter to serve this detached building because the existing panel that they have on their house really doesn't have the room to add the additional load that this building will need. Uh there is an electrical transformer about 10 ft from this building. So Duke Energy folks said that, hey, this would be a practical way of getting a meter if you wanted it. Uh the existing meter on the house also is about 65 ft from this building. So the meter's on the other side of the house. So there would have to be a longer extension to this building and um according to the applicant, there is another physical hardship because there will be the need to cut through existing concrete to be able to serve it. And also there will be significant disruption to the residents because of the required upgrades. And again, this is um been inspected by the building department. They have utmost confidence

that this is not going to be used for residential or commercial purposes. That's really the intent of the ordinance is to make sure that isn't taking place. So, from that standpoint, the staff does recommend approval of this addition of the meter. The applicants are here too if you have any questions. Questions for staff? Um, you're welcome to state your case if you like if you think he did a good enough job.

I did not that did not get included in the packet but yeah describe it but again I think if you like to just come up to the mic if not I mean I understand it's 10 feet as opposed to 65 ft you have to go through right that's the biggest All right. Well, I'll tell you right now, we can't base things on economics. So, discussion amongst the staff,

I mean the board. Mr. Mr. Chairman, just the fact that Duke Energy uh representative uh are for this is good enough for for me as far as I'm concerned. And uh Mr. DS, I just tell you, you had me the minute I saw that pontoon boat, you had me there. I make a motion that we approve this. All right, we have appreci. Do we have a second? Second. We have a second. All in favor say I. I.

All those like sign. Okay. That's been approved. Also, we're going to move on to election caucuses. Y'all welcome to stay for that or you can. Um. Uhhuh. All right. You want to lead us on that? How we

Yeah. U we need to have election of officers each year. We have election of officers, chairman, vice chairman, and then also the secretary of the board, which is um our administrative assistant at the city, Chelandria Gear. But as a formality, we always vote on that as well. So, um just keep that in mind when you're voting for the secretary. But I would say, Mr. Chairman, start out with taking nominations for the position of chairman, chairperson, and then we'll go on to the vice chair position and then the secretary. All right, we'll take nominations for chairman. Mr. Chairman, this should not take long.

I am very proud to have my nomination for Mr. Glenn Roberts. He's he's my nominee. Peter what I'll make a motion to keep let's vote on let's vote on that first are there any other any other candidates nominations if not we'll go ahead and vote on that all in favor say I I oppose like sign all right we'll do the same for vice chair do we have a motion

for I mean a nomination for Peter Permo a second. I'll second it. I tell you, you tell me because um Aaron is willing to do it if you I tell you what you said uh you said Aaron had said that he uh be willing to uh you know

Yes. Yes, sir. What um I talked to Mr. Jeffers, when he said he could not attend tonight's meeting and he was just asking a couple questions about the agenda and also election of officers, I told him that would be taking place and I asked him, "Hey, if your name comes up, would you be willing to serve in any capacity?" He said, "Sure." He would be glad to. I think we should give him a chance to be vice chairman. Okay. All right. Again, that's Aaron Jeffers, the architect representative on the board. just for folks. So, we have a So, we have a nominee of Aaron and we have a nominee of um Peter. Um let's see. All in favor of Aaron, raise your hand.

It's tough being a new person. I mean, I like him. So, I want to come in favor of Peter. Peter one, two, we got three and three. Do you make the decision then? Or there has to be another motion. Count again. How many you got for Amber had us three? All right. And and I myself or do I want you want me to not vote since I'm chairman on this? You you you're a member. You must vote. I must. Okay. All right. Okay. Let's do a revote then if you want.

Okay. I say so I I'll go ahead and vote for myself. All right. So So let's go over. So all those in favor of Peter. Well, you know what? We're going to change it that way. Let's make it unanimous. Unanimous. Peter, I think you want this. Okay. So Glenn Roberts, chair. Peter Pomo, vice chair. Yes. And now we need to elect the secretary, Chelandria. Chelandrea Gear is the normal recommendation because she's our staff. Yeah. Who's not here tonight by the way? I guess. Does anybody have a nominee? Anybody else? Then we'll go ahead and put it to All in favor of Sandra. Raise your hand. That's all right. We got me, Peter, and Sandra. Any other board business?

No sir. That is it. Any staff report? No sir. Have a motion to adjurnn. Second. All in favor say I. We are journ.