2004-01-20 (meeting minutes) v,"` MINUTES OF THE
REGULAR MEETING OF
THE COMMUNITY DEVELOPMENT BOARD
January 20, 2004
A regular meeting of the Community Development Board was held on Tuesday, January 20, 2004, in
the City Hall Commission Chambers. Present were Lynn Drysdale, Robert Frohwein, Sam
Jacobson, Steve Jenkins, Carolyn Woods, Community Development Director Sonya Doerr and
Recording Secretary Susan Dunham. Absent were Craig Burkhart and Mary Walker.
1. Call to Order and Pledge of Allegiance to the Flag.
The meeting was called to order at 7: 02 p.m.
2. Introduction of new Community Development Board member.
Mr. Frohwein welcomed Carolyn Woods to the Board.
3. Election of Officers.
The Board deferred this item to the next meeting.
4. Approval of Minutes of the Meeting of December 16, 2003.
Mr. Frohwein made the following changes:
1) Page 3, last paragraph, line 7, delete the word "was."
2) Page 5, third paragraph, line 9, change "Comp Plan was..." to "Comp Plan are..."
3) Page 6, second paragraph, line 3, change "if a list of areas..." to "if a list exists of areas..."
A motion was made by Ms. Drysdale, seconded by Mr. Jenkins, and unanimously carried
to approve the Minutes of the Regular Meeting of December 16, 2003 as amended.
5. Recognition of Visitors.
6. Old Business.
a. ZVAR-2003-18, Jerry Bahr. Request for a Variance from Section 24-104 (e)(2) to
reduce the required twenty (20) foot rear yard to sixteen (16) feet and six (6) inches to allow
for the construction of an addition to an existing single-family residence within the RS-1
Zoning District, located at 2348 Oceanwalk Drive West.
Ms. Doerr informed the board that Mr. Bahr provided updated information which included the
Oceanwalk Architectural Review Committee approval dated December 22, 2004.
Mr. Bahr introduced himself. He stated that they would like to add a 12 foot x 14 foot room
addition on the northwest corner of the house which would infringe on the required setback by
approximately 3.5 feet. Mr. Bahr informed the board that when they built the home they moved
~.., the house rearward to the back of the lot to save trees, enhance curb appeal and to move the
garage away from the street. He stated that now that they desire to add onto the home, it has
become a hardship. Mr. Bahr advised that he poled the adjacent neighbors and they have no
objection to this request.
Minutes of the January 20, 2003 meeting of the Community Development Board
Discussion was held with regard to the pool. Ms. Doerr advised that the applicant was granted a
pool permit and the pool was not part of this request.
Mr. Frohwein stated that he knew the screen enclosure was not before the board but would like
to know if a variance would be required for the screen enclosure. Ms. Doerr responded that it
would not come before this board as long as the screen enclosure was five feet from the property
line. Mr. Frohwein asked if that was for a detached screen enclosure. Ms. Doerr stated that it
did not make any difference, that detached and attached had always been treated the same, as
long as it was a screen room. She added that if a roof were added, that would be treated
differently.
Mr. Jenkins stated that in looking at the survey, it was the back corner of the addition that fell
within the 16 feet 6 inches. He stated that he assumed that there was a 3.5 foot triangle of the
addition that fell outside of the setbacks. He asked Ms. Doerr if the 3.5 foot triangle fell within
her purview. Ms. Doerr responded that the request exceeded five percent so she did not feel that
it came under her purview. She agreed that it was a minimal intrusion and a minimal area but it
did exceed the five percent. Mr. Jenkins advised that he looked at the triangle itself as a
percentage of the intrusion. Ms. Doerr responded that the addition was closer than 20 feet to the
lot line so she was not looking at just the triangle. Mr. Jenkins pointed out that this situation
could be viewed as less than five percent.
Mr. Jenkins asked Ms. Doerr if this was an irregular lot. Ms. Doerr answered in the affirmative.
Mr. Jenkins stated that he did not believe Mr. Bahr's statement in his November 19 letter
concerning hardship was a valid one in light of the way the code was written. He further stated
that the applicant created the hardship by building the house, not by the lot. Mr. Bahr responded
that `hardship' was his own terminology--that the position of the house created a hardship to
him.
Ms. Woods asked Ms. Doerr if the front of the house was on Oceanwalk Drive. Ms. Doerr
responded yes. Ms. Woods asked if the lot was irregular because it was not rectangular. Ms.
Doerr responded yes. Ms. Woods asked if the applicant was well within the other setbacks. Ms.
Doerr responded yes.
A motion was made by Mr. Jacobson, seconded by Mr. Jenkins, to approve the variance
for a structure as shown on the application with 14.6 feet to the east and 16.6 feet to the
wall.
Mr. Jacobson stated that this was not a situation where the homeowner was seeking to crowd the
neighborhood. He stated that the applicant was seeking a minimal variance and he felt that this
was a reasonable request.
The vote was called and the motion passed by unanimous approval.
7. New Business. None.
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Minutes of the January 20, 2003 meeting of the Community Development Board
8. Other Business.
a. Review and consider Evaluation and Appraisal Report (EAR) based amendments to the
adopted Comprehensive Plan.
A discussion was held and it was determined that a workshop would be scheduled to discuss the
Evaluation and Appraisal Report based amendments to the adopted Comprehensive Plan. The
board scheduled the workshop for Tuesday, February 3, 2004, at 6:00 p.m. Ms. Doerr advised
that she would attempt to schedule a joint workshop with the City Council for February 9 or
February 23, at 5:00 p.m.
Ms. Doerr requested that the board change the February meeting date due to her travel schedule.
It was the consensus of the Board to move the February meeting to February 24, 2004, at 7:00
p.m.
8. Adjournment.
There being no further business, the meeting adjourned at 8:20 p.m.
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