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Board of Adjustment

December 14, 2020 · 36,262 words

Summary

Meeting Overview

The Board of Adjustment held a video teleconference meeting on December 14, 2020, at 1:30 PM, presided over by Thomas Glover. The meeting included seven agenda items, with the board taking eight motions and votes throughout the session. Two members of the public provided comments during the meeting. The agenda covered standard board business including approval of previous meeting minutes, a public hearing on zoning appeals with various outcomes, board items, staff items, and scheduling of the next meeting date.

Attendance

Present: Raquel Carter, Harry Clarke, Thomas Glover, Chad Walker, Joan Whitman, Chad Needham

Absent: Branden Gross

Late: Joan Whitman, Chad Needham

Votes and Decisions

Approval of November 9, 2020 Meeting Minutes 11:28

Motion by Harry Clarke, seconded by Chad Walker. The minutes were approved unanimously with 4 ayes and 0 nays. Voting in favor: Raquel Carter, Harry Clarke, Thomas Glover, and Chad Walker.

PLN-BOA-20-00052: KEITH NATIONAL CORPORATION Variance 1:00:00

Motion by Chad Needham, seconded by Raquel Carter. A variance to reduce the required front yard setback from 20 feet to 10 feet passed unanimously with 5 ayes and 0 nays. All members voted in favor: Raquel Carter, Harry Clarke, Thomas Glover, Chad Needham, and Joan Whitman. The variance is subject to three amended conditions as submitted by the applicant.

PLN-BOA-20-00059: CENTRAL EQUIPMENT Variance 52:25

Motion by Harry Clarke, seconded by Raquel Carter. A variance to reduce the number of required trees from two to zero passed unanimously with 5 ayes and 0 nays. All members voted in favor. The variance is subject to three conditions as listed.

PLN-BOA-20-00061: KNOCKOUT DEVELOPMENT Variance 58:45

Motion by Raquel Carter, seconded by Harry Clarke. A variance to increase the allowable floor area ratio from 0.35 to 0.70 passed unanimously with 5 ayes and 0 nays. All members voted in favor. The variance is subject to two conditions as listed.

PLN-BOA-20-00064: ROMANY MARKET, LLC Variances 1:25:10

Motion by Harry Clarke, seconded by Joan Whitman. Variances to reduce the side yard setback and landscape buffer passed unanimously with 5 ayes and 0 nays. All members voted in favor. The variances are subject to three conditions as listed.

PLN-BOA-20-00063: EASTERN AVE SOBER LIVING Variance 1:49:23

Motion by Raquel Carter, seconded by Chad Walker. A variance to increase allowable lot coverage from 25% to 47% failed unanimously with 0 ayes and 5 nays. All members voted against: Raquel Carter, Harry Clarke, Thomas Glover, Chad Needham, and Joan Whitman.

PLN-BOA-20-00060: SOUTHERN HEIGHTS NEIGHBORHOOD ASSOCIATION Appeal 3:29:43

Motion by Raquel Carter, seconded by Joan Whitman. A third-party appeal to contest the issuance of a Paving Permit failed with 4 ayes and 1 nay. Voting in favor: Raquel Carter, Harry Clarke, Thomas Glover, and Joan Whitman. Voting against: Harry Clarke.

PLN-BOA-20-00065: LISA GANNOE Appeal 5:04:44

Motion by Joan Whitman, seconded by Chad Needham. A third-party appeal to contest the issuance of a Temporary Certificate of Occupancy failed with 4 ayes and 1 nay. Voting in favor: Raquel Carter, Harry Clarke, Thomas Glover, and Joan Whitman. Voting against: Harry Clarke.

Public Comment

Two members of the public provided comments during the meeting.

Amy Clark 1:03:49 addressed concerns regarding the Romany Market, LLC variance request. She expressed concerns about stormwater issues and tree canopy requirements related to the variance.

Andy Mead 2:38:29 spoke on behalf of the Southern Heights Neighborhood Association regarding an appeal. He expressed concerns about increased traffic on Edgemore Drive resulting from a paving permit that had been issued for the bank property.

Contested Items

The meeting included two contested matters that were brought before the board for resolution.

Southern Heights Neighborhood Association Appeal

The Southern Heights Neighborhood Association appealed the issuance of a paving permit. The association's opposition centered on concerns about increased traffic resulting from the permitted work. After consideration of the appeal, the board denied it, allowing the paving permit to remain in effect.

Lisa Gannoe Appeal

Lisa Gannoe appealed the issuance of a temporary certificate of occupancy. However, the board determined the appeal was moot because a permanent certificate of occupancy had subsequently been issued. As a result, the procedural dispute over the temporary certificate became no longer actionable.

Call to Order

The meeting was called to order by Acting Chair Thomas Glover at 1:30 p.m. via video teleconference 0:00.

Approval of Minutes

11:28

The minutes from the November 9, 2020 meeting were presented for approval. Thomas Glover, Harry Clarke, and Chad Walker participated in the discussion of these minutes.

The minutes were approved without noted objections or amendments.

Public Hearing on Zoning Appeals

14:18

The meeting included a public hearing on zoning appeals, during which various zoning matters were considered. The hearing addressed multiple variance requests and third-party appeals.

Key Speakers

The discussion was led by Thomas Glover and Autumn Goderwis.

Scope of Hearing

The zoning appeals hearing covered: - Variance requests - Third-party appeals

Outcome

Various outcomes were reached on the appeals presented, with decisions made on individual cases as they were heard during the public hearing process.

Board Items

5:06:19

Thomas Glover, serving as Chair, opened this agenda item by announcing that Board members could present any items they wished to discuss at this time. This segment was designated as informational in nature, providing an opportunity for Board members to raise matters for consideration.

No additional presentations or discussions were recorded during this portion of the meeting.

Staff Items

5:06:19

Thomas Glover announced that the floor was open for any items that staff members wished to present at this time. This agenda item was designated as an informational discussion point to allow staff the opportunity to raise matters for consideration by the body.

No additional details regarding specific staff presentations or outcomes were recorded for this agenda item.

Next Meeting Date

The next meeting was scheduled for January 11, 2021, at 1:30 p.m. 5:06:19

Thomas Glover announced this date to the group. This announcement was informational in nature, providing attendees with the timing for the subsequent meeting.

Adjournment

The meeting was adjourned by Chair Thomas Glover at approximately 5:06:19.

Decisions

  • Motion — passed (4-0): Approval of the minutes of the November 9, 2020 meeting
  • PLN-BOA-20-00052 — passed (5-0): Variance for KEITH NATIONAL CORPORATION to reduce the required front yard setback from 20’ to 10’
  • PLN-BOA-20-00059 — passed (5-0): Variance for CENTRAL EQUIPMENT to reduce the number of trees required from two to zero
  • PLN-BOA-20-00061 — passed (5-0): Variance for KNOCKOUT DEVELOPMENT to increase the allowable floor area ratio from 0.35 to 0.70
  • PLN-BOA-20-00064 — passed (5-0): Variances for ROMANY MARKET, LLC to reduce the side yard setback and landscape buffer
  • PLN-BOA-20-00063 — failed (0-5): Variance for EASTERN AVE SOBER LIVING to increase the allowable lot coverage from 25% to 47%
  • PLN-BOA-20-00060 — failed (4-1): Third party appeal by SOUTHERN HEIGHTS NEIGHBORHOOD ASSOCIATION to contest the issuance of a Paving Permit
  • PLN-BOA-20-00065 — failed (4-1): Third party appeal by LISA GANNOE to contest the issuance of a Temporary Certificate of Occupancy