090308_VB_Minutes - Laserfiche WebLink

Home

Variance Board Meeting City Council Chambers, 2660 Civic Center Drive Minutes - Wednesday, September 03, 2008 1. Call to Order Chair Daniel Boerigter called to order the Variance Board meeting at 5:30 p.m. and reviewed the role and purpose of the Variance Board. 2. Roll Call & Introductions City Planner Thomas Paschke called the Roll. Members Present: Chair Daniel Boerigter; and Members Andre Best and Jim Doherty. Staff present: City Planner Thomas Paschke and Associate Planner Bryan Lloyd. 3. Review of Minutes MOTION Member Doherty moved, seconded by Member Best, to approve meeting minutes of August 06, 2008 as presented. Ayes: 3 Nays: 0 Motion carried. 4. Public Hearings a. Planning File 08-035: Request by Ann Gerold Stibal, 472 Bayview Drive, for a VARIANCE to City Code, Section 1004 (Residence Districts) to allow a principal structure encroachment into the required rear yard setback. Chair Boerigter opened the Public Hearing for Planning File 08-035. Associate Planner Bryan Lloyd reviewed staff’s analysis of the request of Ms. Gerold Stibal for a deck addition to make the rear yard more usable by expanding the area that is level and elevated so as not to feel so crowded by the two principal structures that so tightly frame the space. Mr. Lloyd advised that, similar to the rest of the residential properties on the western end of McCarrons Lake, this parcel was not created as part of a plat and City records do not indicate minor subdivision approval that would have created the subject property; and that it was most likely created prior to the establishment City Code in 1959. Staff recommended APPROVAL of a twenty foot (20’) VARIANCE to the rear yard setback, based on comments and findings outlined in Section 5 of the staff report dated September 3, 2008. Discussion included identifying markings on the survey (i.e., retaining walls); consideration of overhangs from the physical structure (i.e., cantilevers) that would bring the structure closer to the property line than the footings; stipulations on whether the structure remained a deck or was turned into a three-season porch; and impacts to the neighbors in granting a variance that would allow enclosing the structure, with staff clarifying that a deck is treated like a main structure, due to its height from the ground, and staff was not recommending prohibition of such an enclosure in the future. City Planner Paschke advised that City Code provided no difference in raised decks/porches and porches or structure additions; but added that such a condition could be made part of variance approval requiring any enclosure would require amendment to the variance. Commissioner Doherty advised staff that, in this case, a photograph of the backyard would have been helpful to determine backyard slope and grade.