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05-18-21 CDB Adopted minutesyv fr MINUTES rtjaiht, Community Development Board (CDB) Meeting Anil Tuesday, May 18, 2021 - 6:00 PM Commission Chamber Present: Jennifer Lagner,Member Sylvia Simmons,Member Brian Major,Member Jeff Haynie,Member Richard Schooling,Alternate Member Absent: Linda Lanier,Member Kirk Hansen,Chair James Moyer,Member Also Present: Brenna Durden,City Attorney(CA) Amanda Askew,Planning and Community Development Director(PCDD) Abrielle Genest,Planner 1. CALL TO ORDER AND ROLL CALL Director Askew announced that there wasn't a Chair for the meeting and asked the Board to agree to let Sylvia Simmons to Chair the meeting. The Board was in agreement. The meeting was called to order at 6:00 p.m. by Ms. Simmons. 2. APPROVAL OF MINUTES A. Approve minutes of the April 20, 2021 regular meeting of the Community Development Board. MOTION: To approve the minutes of the April 20, 2021 regular meeting of the Community Development Board. Motion: Jeff Haynie Second: Jennifer Lagner Jennifer Lagner(Seconded Bj) For Sylvia Simmons For Brian Major For Jeff Haynie(Moved By)For Richard Schooling For Motion passed 5 to 0. Community Development Board(CDB) May 18,2021 Page 1 of 3 3. OLD BUSINESS There was no old business. Director Askew introduced Richard Schooling as a new alternate Board member. 4. NEW BUSINESS A. ZVAR21-0006 PUBLIC HEARING (Richard Powell) Request for a variance to reduce the minimum rear and side yard setbacks for an existing shed at 1336 Violet Street. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Haynie asked if there was a retention pond and what the requirement will be for the applicant if the variance is approved. Director Askew explained that this property pre- dates the requirement for retention. She that if this variance is approved Staff would require retention to be located somewhere else on site along with the filing of the required deeds and covenants. There was further discussion regarding the retention location and size. Ms. Lagner asked if the shed was complete. Planner Genest said it was already complete. Mr. Major asked if it could be moved. Director Askew said they would need to ask the applicant. He asked what the maximum square footage could be on a shed. Director Askew said it is a maximum of 150 square feet. APPLICANT COMMENT: Ms. Durden asked the applicant and anyone planning on speaking(including staff)to raise their hand. She held the swearing in. Richard Powell introduced himself and his wife Jennifer as the applicants. Jennifer Powell presented pictures to the Board. She explained the history of the shed and apologized for not getting a permit before installing it. Mr. Powell said the shed was completed 16-18 months ago. Mr. Haynie asked about the foundation. Mr. Powell said it is off the ground and the posts were in concrete. Mr. Haynie asked why they picked the spot where they built the shed. The Powell's said it was the flattest portion of the yard and they already had a shed located there. Mr. Haynie asked whether they have applied for a permit. Mr. Powell said he received a stop work order so he applied for a permit and was then told he would need a variance. Mr. Major asked how far the shed was from the property line. Mr. Powell said it is over 2 feet from the property line. Director Askew said the survey doesn't show the fence and another survey would have to be done to get an accurate measurement. PUBLIC COMMENT: There were no public comments. BOARD DISCUSSION: Ms. Lagner asked for clarification on the retention. Director Askew said that if it the variance is approved then an engineer would have to verify if it still has the capacity to hold the storm water. Mr. Haynie said he could see the variance fitting condition #3 (exceptional circumstances). Mr. Major did not see reason for approval. Ms. Lagner said that based on the water issue in the yard, she doesn't have a problem with approval. Mr. Schooling agreed that the fact that the shed is on piers and the water can flow underneath works in the applicant's favor. Ms. Simmons wasn't sure that condition #6 (sub-standard size of the lot) was qualification for approval. She did Community Development Board(CDB) May 18,2021 Page 2 of 3 think that condition#1 (exceptional topography) might be more suited. Mr. Major said he couldn't see condition#6 fitting this situation. Ms.Durden explained that if the Board was to make a motion to approve that they add a condition for the applicant to comply with the on-site retention requirement since the current location of the shed takes away from that. She said that with a condition it would give Staff the right to see whether or not there is enough retention. Ms. Durden added that the recording of the deed restriction should also be part of the condition. Ms. Lagner asked if the applicant would have to pay for a survey and engineering to do that. Director Askew said that the applicant would probably have to get an updated survey which would be submitted to the Director of Public Works and he would do the calculations. Ms.Lagner was concerned about the financial impact if they were required to do that. Mr. Haynie said that it was his understanding that it would probably be a requirement due to the code even if the Board doesn't make it a condition. He said that the lack of a permit was a code enforcement issue and he believed the approval for a variance easily fits under#3 and potentially#1,#4 and#6. MOTION: To APPROVE ZVAR21-0006 on the condition that the applicant complies with the water retention requirements and record a deed restriction that reflects that compliance in the future. Motion: Jeff Haynie Second: Sylvia Simmons Jennifer Lagner Against Sylvia Simmons (Seconded By) For Brian Major For Jeff Haynie(Moved By)For Richard Schooling For Motion passed 4 to 1. 5. REPORTS -There were no reports. 6. PUBLIC COMMENT -There were no further comments. 7. ADJOURNMENT There being no further discussion, Chair Simmons declared the meeting adjourned at 6:42 p.m. Attest: OfikiAmandaskewKirkHansen, Chair Community Development Board(CDB) May 18,2021 Page 3 of 3