11/2/2020 Minutes - Laserfiche WebLink

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1. A 3 foot variance to the side/rear yard setback for a fence on a corner lot; code requires 20 ft., applicant provides 17 ft., Section 1135.02(D). 2. A 4 in. variance to the minimum separation between fences on a common property line; code requires 24 in., applicant provides 20 in., Section 1369.03(D). Note: Owner does have direct access to the area between the two fences. Motion passed 5-0. 20-17857; Rick Wootten; 6168 Wild Oak Drive Representative: Rick Wootten, owner Proposal consists of a deck. Property is zoned B -One Family Residence. 1. An 11 ft. variance for rear yard setback for a deck contiguous to a dwelling; code requires 50 ft., applicant shows 39 ft., Section 1135.06(D). The applicant is proposing to construct a deck that will encroach into the required rear yard. Decks contiguous to the dwelling must meet the rear setback requirements of the dwelling. The deck will be 39 feet from the rear property line, so a variance of 11 feet is requested. Mr. Wootten would like to build a deck where the existing concrete patio is and did not think it would be an issue for the neighbors. Ms. Lieber noted that the Planning & Design Commission is reviewing the code to permit encroachments for decks and this would be permitted if the update is approved by City Council. Mr. Allain thought the request was nominal. Mr. Papotto moved, seconded by Mr. Mackey, to approve the following variance for 20- 17857; Rick Wootten; 6168 Wild Oak Drive: 1. An 11 ft. variance for rear yard setback for a deck contiguous to a dwelling; code requires 50 ft., applicant shows 39 ft., Section 1135.06(D). Motion passed 5-0. 20-17882; Dave & Debbie Price; 24360 Deenwoods Way Representatives: Dave & Debbie Price, owners Proposal consists of a new shed. Property is zoned C -One Family Residence. 1. A 3% variance for rear yard lot coverage; code requires that coverage not exceed 20%, applicant shows 23%, Section 1135.05(B)(2). 2. A variance to place an accessory structure within a utility easement, code does not permit, Section 1135.02(C)(6). The applicant is proposing to construct an 8 foot by 12 foot shed to replace an existing shed. The shed causes total rear yard lot coverage to exceed the 20% permitted by 3%. While the structure meets required setbacks, it is located within a storm sewer easement, which is not permitted by code. Ms. Price is aware of the easement and plans on installing the shed south of the easement, five feet from the property line. The engineer said the shed would need to be moved if work needed to be done in the easement, which the applicants agreed to. Since speaking with the engineer, they've decided to avoid the easement altogether and removed their request for the second variance. Ms. Lieber said much of the rear yard is taken up by an existing pool, which exceeds the code requirements for lot coverage alone. Without a variance, no additional structure could be