Board of Adjustment - Regular Meeting

registration. I think we were supposed to Yeah.

I got 25 seconds now. All right, we're going to go ahead and call the call the September October, I'm sorry, October uh board of adjustment meeting to order. Uh we'll go ahead and start with the uh normal housekeeping items we have here. Mr. Catherine, if you'll

Miller here, Straoud. Cummings here. Clear here. Cthine present. All right. I will take this just real quick take a second here to introduce Miss uh Miss Clear right here to my left and on your right. But she's uh she you came last month though, right? Too. Okay. I was I was gone. So, it's the first one I've seen you at. But, but we do welcome her. And uh All right. You guys have had a opportunity to look at the minutes from the September meeting. I'll entertain a motion on those.

I move we accept them as as written. Okay. Second. We have a motion and a second to approve the September minutes as presented. All those in favor by saying I. Any opposed? Hearing none. The motion carry. All right. Old business. We've got a request to postpone by staff variance from article 4.1 from fence height requirement located at 522 South Jonesboro. Submitted by Bill and Doris Lawrence. Gavin, you got a staff report on that?

Um, yes, kind of. We um we do have a staff report written. It is the same one from um I believe it was the August um board of adjust adjustments meeting. Um we are once again requesting to postpone. Um there has been um motion and progress made in title searches. um but we have not come to kind of a a conclusive end point that would result in a clean uh approval of the variance. So we are once again requesting to postpone to the following meeting. I'll make a motion to postpone. Second.

All right. We have a motion and a second to group the city to postpone this request till next month. I guess all right. All those in favor saying I.

I. Any opposed? Hearing? None. The motion carried. All right. New business. Variance from article 3.1.2 allowing an accessory structure closer to the front property line of the majority plane primary structure from facade located at 2695 South Elmyra. Submitted by Elizabeth Family. Got a staff report on that? Yes, sir, we do. Um, just going to start out with the same thing we always do when we're reviewing a variance, just to kind of do a little refresher. Um, when reviewing a variance, you guys are um tasked with looking at the following items. That the applicant demonstrates that special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other land structures or buildings in the same district. No non-conforming use of neighboring land, structures, or buildings shall be considered grounds for the issuance of a variance. The board of adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance and that the variance is a minimum variance that will make possible the reasonable use of the land, building or structure. The board of adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of the zoning code. In the granting of any variance, a board of adjustment may prescribe appropriate conditions and safeguards in conformity with the zoning code. And under no circumstance shall the board of adjustment grant a variance to allow a use not permissible under the terms of the zoning code um in the district involved. So with that stated, this is a variance at 2695 South Elmyra. Existing conditions, um this is located in the Cyclone neighborhood. It is the location of an existing single family home. It is an R2 medium density residential zoned property surrounded by other R2zoned properties. Surrounding

uses include single family homes on large tracks and the Russville airport to the north. Due to its proximity to the airport, the airport director was consulted and has confirmed with staff there are no conflicts or compliance issues with placing this accessory structure. The application is to allow an accessory structure in front of the house at 2695 South Almyra. The accessory structure will substantially duplicate and complement visual visually the primary structure on the property. Again, the request uh before you seeks a variance from article 3.1.21, which states, "No portion of an accessory structure shall be closer to the front property line than the majority plane of the primary structures front facade." So, essentially in front of the house. Uh the applicant is requesting the variance to allow them to place a 12 by 20 accessory structure in front of their house. The applicant or the accessory structure, pardon, will have siding, paint, and roofing uh that will substantially duplicate that of the existing house. The additionally, the accessory structure will meet all of the um setback requirements that would typically be applied to a house. The applicant has demonstrated that special conditions uh exist due to the location of existing septic lines in the rear yard, topography changes, and concerns of aging in place. The applicant has requested this variance to allow this shed to store their lawn care equipment and tools in. Um they have stated that the front yard is the ideal location due to its proximity to the house as well as its topography. The front yard has no changes in elevation and therefore would allow the accessory structure to be built at grade. This would uh additionally allow for a more accessible design that would not require stairs or ramp to access it. The rear uh yard does have septic lines that would require the accessory structure be placed further from the home and built up due to the change in topography.

Therefore, staff has found that the applicant has demonstrated that special conditions do exist. It is staff's recommendation that the board of adjustment approve this variance request based on the findings that the applicant has demonstrated special conditions exist and the applicant uh and the application demonstrates that this request is the minimum request to allow reasonable use of the land. That is my staff report. Are there any questions for staff? Thank you, Victoria. Yes. All right. All right, commissioners.

All right. What's your pleasure, gentlemen? Please. I move we approve the variance. Second. Okay, we have a motion and a second to approve as presented. All those in favor acknowledge by saying I. I. Any opposed? Hearing none, the motion carried. And if we have no further business, we are ajourned.