Board of Adjustment - Regular Meeting

e new spe here we go all right we're going to go ahead and call the uh January 2025 um Board of adjustment meeting to order Happy New Year to everybody and uh we're going to go and start with our normal housekeeping item of the minutes

from the previous meeting in November move we accept is presented okay we have a motion I'll second it I have a motion as second to approve the minutes from November 7th meeting of 2024 all those in favor acknowledge by saying I I put me down as voting too and any opposed hearing none the motion carried all right we have no old business new business we have election of officers for 2025 chairman Vice chairman and secretary do we have any recommendations on that I'm in favor of reelecting the same officers by acclamation the way that they are that would be uh chairman Wendell Vice chairman Don Don and secretary Josh Josh okay all right all right we have a motion to uh for to reappoint myself as chairman uh chairman U or commissioner uh Jack Moore as Vice chair and commissioner Josh over here as the secretary do I have a second second okay we have a motion as second all those in favor acknowledgement saying I I any opposed there none motion carries guys you are sentenced to 12 months okay all right item number two variance tic variance from article 14 to allow a side yard setback of 10 ft instead of a required 15 ft submitted by Danny Russell you got a Victoria you got a staff report on that yes and as usual we're kind of starting out just reminding you guys that we have um these six review criteria as we go

through these variance requests um the first being that the applicant demonstrates that special conditions or circumstances exist which are peculiar to the land structure or building and are not applicable to other land structures or buildings in the same district uh no other non-conforming uses shall be considered we must make a finding that the application provided sufficient justification to Grant the variance as is the minimum possible to make use of the land structure or building uh we must make a finding that the variance is in harmony with the general purpose and intent of the zoning code we may prescribe appropriate conditions and safeguards and the last one we are restricted from granting any variances that are not permissible or are prohibited under the regulations so as stated this is a variance at 3204 North Cleveland the existing conditions uh this is currently a vacant lot in the Highway 7 interchange District um it's the location of a proposed duplex it is an R3 medium high density residential zoned property surrounded by other r 3 and R1 as well as C2 Highway commercial Zone properties to the west and North surrounding properties are single family homes uh other duplexes and a cell tower the application is to allow a variance from article 14 which lay out the setback requirements to allow a sidey yard setback of 10 ft rather than the required 15 ft the request before you as stated um is to the area requirements table this table states that the street stre side setback so on a corner lot the street side uh for structures in the R3 Zone shall be no less than 15 ft the proposed Street side setback for this application is 10 ft the request for the variant is due to the location of existing City Corporation utilities there is a 10-ft

sewer line that runs along the southern property line um which requires an easement from City Corporation to do work um as needed due to this easement requirement the interior sidey setback has been increased from the city required 5T to 13 ft and 10 in um to allow for that utility easement staff has v visited the site and believes that the requested 10 feet um Street side yard setback will be adequate in this location um the location of the sewer line and needed easement has resulted in a special condition on this land that does not apply to other structures in the district as a result of this it is staff's recommendation that the board of adjustment approve this variance request based on the findings that the applicant has demonstrated that special conditions exists and the application demonstrates that this request is the minimum to make reasonable use of the land are there any questions thank you Victoria Danny you got anything you want to add to that or is that just leave it as is okay got it all right Commissioners make a motion to approve that's presented all right second we have a motion and second to approve this uh this request as presented all those in favor acknowledgeable saying I I I all those opposed hearing none motion carried all right item number three variance from article 4.4 to allow a six-foot privacy fence within a front yard setback that's submitted by Patrick and Brooke mcon McConnell Victoria you got a staff report on that yes um so this is a variance located at 9006 South Phoenix um this is located in the Englewood neighborhood at the corner of

South Phoenix and morning dove uh this is the location of an existing single family home it is an R1 single family residential zoned property surrounded by other R1 zoned properties all surrounding uses are single family homes the application as stated is to allow a variance from article 4.1 to allow a 6ot privacy fence within the front yard setback um so you're going to see up here uh their proposed location of that fence and the portion that we're looking at is going to be on the far right the 19t and 3 33t links pointed out there um the request before you seeks a variance from article 4.1 which states no fence wall or hedge along the sides or front edge of any required front yard shall be over 3 and A2 ft in height the applicant has cited several reasons for their variance request primarily the layout of their home is similar to um others on the street except for their front door faces um what is typically the sidey yard for neighboring properties so where their front door faces uh South Phoenix here most of their other neighboring properties have their front doors facing for example morning dove or the other side streets there so essentially what is their front yard is typically other people's side yards um in contrast other homes like stated have primary uh access off of the side streets rather than from South Phoenix this results in the applicants property's legal backyard being much smaller than the others uh that are typical in this zone so I've kind of pointed out with the yellow box here this is their neighbor um which has this brick and uh vinyl believe fence um that they're just kind of continuing over um so they're going to keep that same alignment that's their neighbor's side

yard but it's their front yard just based on how the house is laid out um so the applicant is aiming to again maintain that alignment with the fencing adjacent uh for visual consistency upon review staff has determined that the unique orientation of the property and the goal of the aesthetic consistency do qualify as conditions supporting the approval of this variant staff has concluded that allowing the fence in the proposed location will have no negative visual impacts and the fence will align with the neighboring property fence um and will not extend any closer to South Phoenix so as a result of this it is staff's recommendation that the board of adjustment approve this variance request based on the findings that the applicant has demonstrated that special conditions exist and the application demonstrates that this request is the minimum uh to make reasonable use of the land are there any questions thank you all right thank you Victor is U is anybody here that has any questions or wants to say anything on this H request McConnell's okay Commissioners what is your pleasure make make a motion to approve as presented okay we have a motion second we have a motion a second to approve this variance request as presented all those in favor acknowledge by saying I I any opposed hearing none the motion Carri and if we have no other items here we are adjourned for