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HomeMy WebLinkAbout2012.07.12 BOZA MinutesMINUTES HUGO BOARD OF ADJUSTMENTS AND APPEALS July 12, 2012 Chairperson Weidt called the meeting to order at 6:30 p.m. PRESENT: Boland, Gwynn, & Weidt ABSENT: None ALSO PRESENT: Bryan Bear, City Administrator Rachel Juba, Planner Approval of Minutes Gwynn made motion, Weidt seconded, to approve the minutes for July 12, 2012, as presented. All Ayes. Motion carried. Wadzink — Variance from Rear Yard Setback for a Deck Planner, Rachel Juba, described the application to the Board of Zoning. The applicant is requesting a variance for a portion of a deck to be located 21 feet from the rear property line, where 30 feet is required by ordinance. The property is unique because of the shape of the lot. The rear lot line runs at an angle to the back of the house, not parallel. The applicant has a sliding glass door and deck ledger on the western portion of the northeast (back) side of the house on the second story. The house is a common size in the neighborhood and could not be built any closer to the front lot line by ordinance. With the angle that the rear lot line runs along the back of the house, the construction of a reasonably sized deck would encroach into the rear yard setback due to the location of the sliding glass door. There is a corner of the deck that would encroach 9 feet into the rear yard setback, not the entire deck. On the walkout portion of the house there is a sliding glass door on the eastern portion of the northeast (back) side of the house. It is the applicants desire not to cover the walkout and have a concrete patio in that area. It was in staff's opinion that the applicant meets the requirements necessary to approve a variance and recommended approval of the variance request. Weidt opened the public hearing. Weidt informed the Board that Staff received a letter from the Wadzink's neighhors, Bill and Amy Corner, which live at 12691 Foxhill Circle North. The neighbors stated that the Wadzinks proposal for a deck will not affect them. They sincerely hoped that the Board will approve the Variance. The applicants, Carrie and Bill Wadzink, stated that they have pictures that stake out the proposed location of the deck and the amount of space between their proposed deck and the neighbor's lot in the rear. The applicants believe that the deck that they are proposing is not very big. The fact that their property is located on a cul de sac gives them a difficult space to work with. Weidt asked if there was an issue with the deck post being in the area within the setback. Board of Zoning and Adjustments Meeting — July 12, 2012- page 2 Rachel stated that staff has talked with Steve Duff, Senior Engineering Technician, and he concluded that there is no issue with a post being located there. It will not impede any drainage. The applicants added that they have done significant landscaping to help water flow on their property versus letting it accumulate into puddles. Weidt invited any other neighbors to comment. Kevin Smith, who is the rear yard neighbor to the applicants at 5787 128th St N, came up to comment about the proposed deck producing privacy issues. He stated that his property is on ground level and the applicants' proposed deck is going to be elevated therefore allowing the applicants to look over his backyard. Kevin also stated that the proposed deck will hinder future property values because of its placement and overlook. He concluded by saying the applicants should have been aware of their property's shape and the hardships that come with it. Weidt asked if Kevin had any existing fencing on his property that the applicants may be able to see over with the installation of the deck. Kevin replied no. Weidt asked if the applicants are able to see the same amount on ground level and on the proposed deck level. Kevin replied no. He was wondering why the applicants have to encroach in the rear yard setback rather than complying with the variance and install the deck over the sliding glass doors. The applicants responded by saying that they if they install the deck the opposite way they would not be able to access the deck from the patio door. Nicole Schmidt, a neighbor of the applicants at 12705 Foxhill Circle N, came up to comment that the applicants do not have enough room to meet the setback requirements. The applicants would have a variance or no deck at all. She added that the installation of a deck to her home was an absolute asset. She believes they deserve a deck as well. Bill Wadzink stated that his deck will not be 21 feet from Kevin's deck rather 21 feet from his back property line. There will be at least 50 feet between the proposed deck and Kevin's deck. He concluded by saying that when looking to purchase a house he did not see the shape of the lot as a deterrent. Weidt closed the public hearing. Gwynn asked Kevin to come up and comment on the exact height of the deck in relation to his property and his concerns with that. Kevin stated it was mainly a privacy issue. Board of Zoning and Adjustments Meeting — July 12, 2012- page 3 Gwynn stated that he did not see any issues concerning privacy with the distance between the two neighbors' decks. Weidt added that most people buy houses with the assumption that they are able to install a deck. It is only a minor portion of the deck that will need the variance and therefore does not pose any significant issues. He concluded that he does not believe the incorporation of the deck will reduce future property values. Weidt and Gwynn both stated that the proposed deck and size does not contrast with the overall character of the area. Gwynn made motion, Weidt seconded, to approve the Variance from rear yard setback for construction of a deck. All Ayes, Motion Carried. Adi ournment Gwynn made motion, Weidt seconded, to adjourn at 6:50 p.m. All Ayes. Motion carried. Liz Hanson Community Development Intern