Planning Commission - Regular Meeting

SPEAKER: OK. Matt, a roll call. MATT: Yes, sir. (INAUDIBLE). SPEAKER: Here. MATT: Mr. Miller? (INAUDIBLE). SPEAKER: Here. MATT: Mr. George? Mr. Anthony? ANTHONY: Here. MATT: No. You have four members today, which is quorum. Just a reminder, four votes are required for any approval of variance or action. OK. SPEAKER: So, I think it's. OK. MATT: Basically, Mr. Kennedy, what... And you probably run into this with other variances. Ander state law, there are seven members, only five voting million time with four votes are required for any approval. So, today you would need all four members to vote in favor of the variance. So, if you want to go ahead and we can proceed if something comes up and you'd like to ask for more time or at the table, we can bring some more information. We can look at that as a question. OK SPEAKER: At this time, I would like to get a motion to approve the minutes from the last meeting. SPEAKER: I make a motion that we approve the minutes from the last meeting. SPEAKER: Second. SPEAKER: Motion. Second. Any questions? Are you ready to vote, or are you ready to vote at this time? SPEAKER: Yes. SPEAKER: Alright. Signify by saying, aye. Nay. Motion carried. Alright, Matt?

MATT: Yes, sir. Thank you, Mr. Chairman. The first item on the agenda today is the only item on the agenda. Today is a request for a rear setback variance at 3602 Village Creek Court in the Cedar Creek PV. this is a request for a variance of 4.3ft from the rear yard setback to the required length of. The applicant is requesting to build a 15 by 25 covered patio. You can see the location it is located on Village Creek, just off Oak Park Drive in the Two Creek Parkway. So, here you see kind of a site plan showing the location of the proposed. Covered porch, patio. So, the house, you'll notice, kind of has an irregular pattern on the back side as one room 611 further. And so they are kind of going filling in some of this area and then also kind of extending it back out 15ft, of course, four feet of that extends into that 20 foot setback. So, we've got a couple pictures of the house. Again, you see where the existing patio is. This would be kind of extended, maybe a little bit larger to cover the rear lot. Again, a little bit closer up view of the rear deck. And then they provided us with kind of some hand sketches of what that would look like. And so kind of a new concrete foundation with some railing and have to work in sports.

And here you see kind of the side view of that both sides. You got just a different drawing showing the existing patio down the bottom here, and then the expanded patio. Where it is proposed to go. I think that's all that, we have looked at the proposal noted that the current patio space is unusable. It's not large enough to fit a table or adequate adequately be used what they feel is necessary to kind of make it functional. The staff kind of reviewed this there is some, some slope in the backyard, which you can see from a couple of the photos. You kind of know that it goes downhill. And so we've noted that... The... And noted that there are some, some large fences in the backyard in general. We didn't know that there was necessarily enough of a slope for us to say that there is a true hardship that prevents this size patio versus another size patio. But at the same time, there is definitely some type of drastic change there in the backyard. So, we've basically provided a... We haven't provided a positive or negative recommendation in this regard.

Truthfully, I think there is some ability if the board sees fit, to grant the variance, I don't know that it's gonna impact any of the neighbors substantially. At the same time, it's not to say that they couldn't deal with a they could have a 11 by 25 foot patio as well. So, I think either way, the board would be well within their right if they so choose to either grant or deny or grant a slightly smaller variance if they so choose. Mr. Kennedy is here as well to represent the property owner, Maria Elaine. I will say that to my knowledge, we have not received any correspondence from any of the neighbors, either for or against the proposed variants. SPEAKER: That were gonna be my question that I'm gonna ask you, but you answered it. SPEAKER: Did we mail one to the neighbors just behind? SPEAKER: We did. So, we we mailed, I believe nine letters. If you look here at the proposed, we mailed them to the north and south side and then all three along the rear line. So, not just the one directly across, but because it kind of to the corner, we I think we mailed one to both sides as well. And then the same across the street, even though they're likely unaffected. Just to be safe, we mailed them to those across Village Creek Court. OK, so you got. SPEAKER: That's all you have? SPEAKER: Yes, sir. SPEAKER: OK. Now, we'd like to hear from him. Could you come to the podium? State your name. RYAN KENNEDY: Good morning. My name is Ryan Kennedy. Four Seasons of River City.

Also dreamscapes, exteriors. The applicant or the representative for the homeowner. And so just a couple of things that we wanted to to point out with the lot being a quarter acre. I know the description in the write up today shows a 30 foot front setback. If you actually look at the plat, there's a 40 foot setback on that property. 25 in the back, which just really shrinks the lot size or usable space down. Maybe had the house been set right on that front building line, then the additional two feet on the front, the additional two feet on the back, would be within the area right now. The backyard you do see is slope. The front yard is as well. And that may have what led to moving the house back the extra two feet. As the gentleman here had mentioned, maybe we could reduce that patio cover down to 11 and stay within that, within the allowable space. But if you notice, on the back of the house there, we have that bay window that's impeding in. Right now, that current porch is about eight feet. And as you can see, there is just barely room for that table. She even has furniture sitting over in the grass. So, if I extend it only three feet with the bay window impeding two feet, then that only gives you nine feet, which is about the size that's there right now. And that's why she was asking for a little bit more space. Now she is willing to concede to only doing 12ft. But she would like the 15 foot proposal that we asked for originally. But again, the homeowner is willing to lose a couple feet of that and go with 12, which would only impede into the setback, I think of foot and a half. So, we would be happy with either option. Obviously.

SPEAKER: Thank you. Sir. RYAN KENNEDY: Yes, sir. SPEAKER: At this time, we'll open the public hearing. I'm gonna close the public hearing. SPEAKER: So, again, we're happy to answer any questions you have. I will say that the the front 40 foot setback is large for this size lot. And it does does somewhat restrict the usability of property. Gives you about a 50, 55 foot range there. So, I do see what Mr. Kennedy is saying there. SPEAKER: My thought on the I know it doesn't sound like a lot, but when you talk about the usability of a room or outdoor space or any space two feet, two feet can really make a big difference. I mean, that's the size of a, you know, that's a chair plus the legs of a person. That's a big you start, I mean, and it's not what they're asking for in my opinion is not. It's not outrageous. I don't think at all. That's my thoughts on it. SPEAKER: I would be comfortable making a motion that we approve the four foot well 4.3 foot variance requested. So, that they can proceed with the proposed plan. SPEAKER: I'd second that motion. SPEAKER: We got a motion. Second.

And of course, the reason is not ready to vote. Signify by saying aye. SPEAKER: Aye. SPEAKER: Nay. Motion carried. You may proceed, sir. Through planning. SPEAKER: Yes, sir. SPEAKER: Alright. Thank you. SPEAKER: That's all the items we have for today. OK. SPEAKER: Good morning. SPEAKER: Good. I get, at this time. I'd like to get a... Do I need a motion? SPEAKER: I make a motion that we (CROSSTALK) adjourn. SPEAKER: Second. SPEAKER: Second. If you're ready to vote, signal by saying aye. SPEAKER: Aye. SPEAKER: Aye. Motion carries.