09/02/1999 Minutes - Laserfiche WebLink

Home Browse Search

.A 9. Patrick Denham; 28384 Aspen Drive: Request for variance (1123.12). Proposal consists of a wooden patio roof (attached). The following variances are required: 1) A special permit to add to a non-confornung building, (1165.02). 2) A variance to enlarge a non-conforming dwelling, (1165.02 B 1). 3) A 1 foot variance for sideyard setback, (code requires 5ft, applicant shows 4ft), (1135.07). 4) A 29 foot variance for rear yard setback, (code requires SOft, applicant shows 21ft), (1135.08). Which is in violation of Ord. 90-125 section, (1165.02), (1135.08) and (1135.07). Note: A) Structure is built 1 inch from lot line. B) Other non-conforming structure pernuts are under former owners. Acting Chairman Maloney called all interested parties forward, and reyiewed the variances requested. Iv1r. Denham, the owner, and the following neighbors Ms. Duncan, Mrs. McDaniel, Mr. Peters and Mrs. O'Connor came forward. IVIr. Maloney reviewed that the proposal had been tabled at last months meeting, and read allowed the faxed memo that was submitted by Mr. Denham that day. (Note: A copy of the faYed note is attached to the back of these minutes). He commented that there had been a few changes to the proposal since the last meeting and read aloud the changes Mr. Denham indicated he would be making. In flie fax Mr. Denham suggested he spoke to Ms. Duncan to work a few things out. Ms. Duncan commented that she had not talked to Mr. Denham since last months meeting. Mr. Maloney asked Mr. Denham to review his request. Mr. Denham suggested that he had spoke to Ms. Duncan after last months meeting and she indicated that she didn't have a problem with the canopy that had eYisted. So he thought that a 9ft 6inch-high roof would be low enough to please 1VIs. Duncan. He reviewed thai a tent canopy had previously been over the hot tub, until the weight of the snow, the previous winter ripped the canopy. He suggested that he just wanted to replace the canopy with a pleasing structure that wouldn't be susceptible to the elements. He indicated that the company that sold the last canopy to him went out of business and he could not find a suitable canopy to replace the one that gave out. Therefore he is trying to put in a reasonable structure that will cover his hot tub and withstand the weather. There will also be a skylight and a gutter system. The hot tub will be drained and moved, to allow the company that was hired to replace the concrete squares with a concrete pad and a drainage system that will connect to the sewer system. 'I'he hot tub will then be put back in place to be angled with the fence. The variance that is needed is so the structure can cover more of the hot tub. He believes that 1/4 of the hot tub will remain uncovered. He would like to have the top of the structure be 4 feet from the fence.. He indicated that he lrnew 5 feet would be acceptable, but would like to have the roof cover the hot tub a little more. He suggested that he would like to get together with the Building Department to design a roof that would be acceptable to the City as well as the neighbors. Mr. Konold questioned what the difference was in the request from what was asked for at the last meeting. Mr. Maloney read allowed the variances being requested and indicated that they were basically the same. Mr. Koberna questioned what was being done about the height of the fence. Mr. Denham suggested that he was wrong about the height of the existing fence at the last meeting, as the height is only 7 feet. Mr. Conway passed out photos that had been talcen that day by the Building Department. He indicated that there was trellis used to make the 6-foot fence 1- foot higher. Mr. Gareau questioned Mr. Conway as to what the code allowed for gazebos being put in a backyard. Mr. Conway indicated that the code allowed a gazebo as long as it didn't exceed 20%. So if Mr. Denham detached the structure from the house and built a gazebo it would be allowed if it didn't exceed 20% of his rear yard. There hasn't been any rear yard calculations but because he is fixing it to the main structure it's a continuation. It is a point that there can be a freestanding structure allowed that would have to be walked too. Mr. Koberna questioned if the neighbors present were aware of what was being proposed. The residents all commented "no". Mr. Koberna suggested that Mr. Denham tell the neighbors as well as the board what exactly he planed on doing without discussing the drainage. Mr. Konold suggested that Mr. Denham make it brief and to the point as to what he was proposing. Mr. Conway asked if there would be permanent walls or would the applicant only be using columns for 10