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