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03-16-21 CDB Adopted minutes'111111(4"n; Present: MINUTES Community Development Board (CDB) Meeting Tuesday, March 16, 2021 - 6:00 PM Commission Chamber Linda Lanier, Member Jennifer Lagner, Member Kirk Hansen, Chair Sylvia Simmons, Member Brian Major, Member Jeff Haynie, Member Absent: James Moyer, Member Also Present: Valerie Jones, Recording Clerk Abrielle Genest, Planner Amanda Askew, Planning and Community Development Director (PCDD) 1. CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Chair Hansen. 2. APPROVAL OF MINUTES A. Approve minutes of the February 16, 2021 regular meeting of the Community Development Board. 3. OLD BUSINESS There was no old business. 4. NEW BUSINESS A. ZVAR21-0002 PUBLIC HEARING (John David Pesterfield) Request for a variance to increase the maximum pergola size from 150 square feet to 493 square feet and to decrease the miniinwn rear yard accessory structure set back from five (5) feet to zero (0) at 2309 Fiddlers Lane. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if the pergola would only cover the patio without any extension. Director Askew said that was correct. Mr. Major asked if the patio was non- conforming. Director Askew said it was conforming to the code. Ms. Simmons had concerns about the size of it compared to what the code allows. There was further discussion about larger outdoor covered spaces that are attached to the house which allows more than the 150 square feet limit for the pergola. Community Development Board (CDB) March 16, 2021 APPLICANT COMMENT: In absence of the City Attorney, Chair Hansen swore in the applicant. John Pesterfield introduced himself as the owner of 2309 Fiddlers Lane. He introduced Raymond Joseph who is his contractor. Mr. Pesterfield added that the request was reviewed and approved by the Oceanwalk Architectural Review Committee. He explained that his request was based on the desire to be able to sit outside and have shade from the sun while not obstructing the view of the lake. Mr. Pesterfield said that the pergola would not be in the site -line of and would not adversely affect the use of the property of any of his neighbors. Ms. Lanier asked how long he has owned the home (11 years ago) and when the patio was built (5 years ago). Mr. Haynie asked if he had spoken to the immediate neighbors and Mr. Pesterfield confirmed that he had and the neighbors had no problem with it. Ms. Simmons suggested different trees and shrubbery. Mr. Pesterfield said trees were considered but they would have to be 30 feet tall to provide shade. Ms. Lagner asked if he had considered a patio umbrella. He said that he had concerns about winds that could throw an umbrella into the screened patio enclosure. PUBLIC COMMENT: Chair Hansen opened the floor to public comment. There were no public comments. BOARD DISCUSSION: Ms. Lanier explained that the applicant had lived in the house for 6 years before he built his patio to realize that this area was a very sunny spot. She said this was a self-imposed hardship and was concerned that this was a slippery slope that if granted would set precedence for future requests. Mr. Haynie said that since this wouldn't affect any of the neighbors he could see grounds of exception #1 as a possible fit. Mr. Major said that given the onerous circumstances he would consider grounds of exception #4. Ms. Lagner said she is opposed to the variance due to how far it exceeds the code. Ms. Simmons understood the applicant's desire to maintain the view and not block it with shrubbery or trees. Chair Hansen said he didn't see any clear cut criteria to allow this variance. He said it did help that the HOA had approved it but struggled because the pergola would be 3 times the size of what the code allows and what the downstream affect would be. Ms. Simmons had questions about the artist renderings and the height of the pergola. APPLICANT COMMENT: Raymond Joseph introduced himself as the contractor. He said the pergola height is 8 feet to the top of the stringers (the tallest point) and approximately 7 feet to the bottom of the stringers. Ms. Lanier suggested building a pergola within the code so part of the patio would be covered but not all of it. Mr. Joseph said the design was for esthetics and a Mediterranean type design. BOARD DISCUSSION: Ms. Simmons agreed and there was further discussion about the possibility of approving a lesser variance. Mr. Haynie said he wasn't concerned about setting precedence and didn't have a problem with approving this variance but he could also go with a lesser variance. Ms. Simmons asked for instruction from Director Askew. Director Askew said that the Board can grant a lesser variance, place conditions upon the variance or give the applicant an opportunity to revise his plans Community Development Board (CDB) March 16, 2021 and come back to the Board at a later date. There was further discussion about what conditions could be set. Chair Hansen suggested that the Board let the applicant come back with what they would like. Mr. Major said that he couldn't see how this structure would negatively affect the light and air of the neighbors. APPLICANT COMMENT: The picture of the plat was displayed and John Pesterfield explained that the pergola wouldn't affect the property to the immediate west. Ms. Simmons was concerned about neighbors across the lake. Mr. Pesterfield didn't understand the 150 square feet limit and explained that the proposed structure would simply cover the existing patio. Chair Hansen asked Director Askew if the HOA could re -plat the property giving the applicant the 5 feet that is needed for the setback. She said that is possible and it is not an onerous task. Ms. Lanier asked if that 5 feet was HOA property or an easement. Director Askew said that according to their survey it looks like it is HOA property. Chair Hansen asked if the applicant can build 3 pergolas at 150 feet each. Ms. Simmons asked what would happen if that request came to the building department. Director Askew said that if it meets zoning codes then it would be approved. Mr. Haynie said that the Board might as well grant the variance so that it would at least be one pergola. Mr. Major agreed. There was further discussion of the uniqueness of the property and the possibility that it would fit under condition of grounds of exception #1. Chair Hansen asked for a motion to be made. MOTION: To APPROVE ZVAR21-0002 based on grounds of exception #1 Motion: Jeff Haynie Jeff Haynie (Moved By) For Not seconded, motion failed 1 to 0. MOTION: To APPROVE ZVAR21-0002 based on grounds of exception #4 Motion: Brian Major Brian Major (Moved By) For Not seconded, motion failed. 1 to 0. MOTION: To DENY ZVAR21-0002 based on the Board not being of one mind on any of the grounds of exception. Motion: Linda Lanier Second: Jennifer Lagner Ms. Simmons asked if the variance was denied would the applicant be able to apply again with a new design. Director Askew said that the applicant would have to wait for one year after the denial. Ms. Simmons suggested that the applicant withdraw so that he can come back with Community Development Board (CDB) March 16, 2021 another design. Chair Hansen asked the applicant if he would like to continue with this variance request or withdraw it and come back with an amended design. Mr. Pesterfield asked if he carne to the City with a design for 3 pergolas that were 150 square feet each, would it be approved. Director Askew said she believed that he would be limited to 2 accessory structures on the property. Mr. Major asked if it is definitely 2 structures. Director Askew confirmed that it is limited to 2 accessory structures. Mr. Pesterfield withdrew his application for a variance. Linda Lanier (Moved By) For Jennifer Lagner (Seconded By) For The vote was discontinued and the Applicant withdrew the variance. 2 to 0. 5. REPORTS There were no reports. 6. PUBLIC COMMENT There were no further comments. 7. ADJOURNMENT There being no further discussion, Chair Hansen declared the meeting adjourned at 6:52 p.m. Attest: a j Amanda Askew Kirk Hansen, Chair Community Development Board (CDB) March 16, 2021