Board of Adjustment Hearing

Summary

Meeting Overview

The Board of Adjustment convened on July 12, 2021, at 1:30 PM via video teleconference with the Chair presiding. The meeting addressed seven agenda items, including the approval of minutes, public hearings on zoning appeals, and various board and staff items. The board conducted eight motions and votes during the session, with minutes from a previous meeting receiving approval. No public comments were heard during this meeting, and the session concluded with discussion of the next meeting date before adjournment.

Attendance

The following members were present at the meeting on July 12, 2021:

• Chair
• Harry
• Mr. Needham
• Mr. Clark
• Ms. Whitman
• Ms. Carter
• Mr. Gross

No members were reported as absent or late for this meeting. All seven members were in attendance.

Votes and Decisions

The board considered eight variance requests during the July 12, 2021 meeting, approving seven applications and postponing one for further review.

PLN-BOA-21-00022 - Ball Homes LLC's variance request to reduce setback for signs was approved unanimously 6-0 45:00. Mr. Clark made the motion, seconded by Mr. Gross. The approval is subject to three conditions outlined by staff. All six board members voted in favor: Chair, Harry, Mr. Needham, Mr. Clark, Ms. Whitman, and Ms. Carter.

PLN-BOA-21-00030 - Dan Larrow's variance request to reduce rear yard setback passed unanimously 6-0 55:00. Mr. Needham motioned for approval, with Mr. Clark providing the second. The variance is subject to two staff conditions.

PLN-BOA-21-00031 - Robert Curtsinger's variance request to reduce front yard setback was approved unanimously 6-0 1:05:00. Mr. Clark made the motion, seconded by Ms. Whitman, with approval subject to two staff conditions.

PLN-BOA-21-00032 - Evelyn Alvarado Cruz's variance request to reduce rear yard setback passed unanimously 6-0 1:15:00. Ms. Carter motioned for approval, with Ms. Whitman seconding, subject to two staff conditions.

PLN-BOA-21-00033 - Leslie and John Wainscott's variance request to reduce front yard setback was approved unanimously 6-0 1:25:00. Mr. Needham made the motion, seconded by Ms. Carter, with three staff conditions attached.

PLN-BOA-21-00035 - Nick Morrow's variance request to reduce side yard setback passed unanimously 6-0 1:35:00. Mr. Clark motioned for approval, with Ms. Whitman seconding, subject to three staff conditions.

PLN-BOA-21-00036 - Compass Capital, LLC's variance request to reduce setback from floodplain was approved unanimously 6-0 1:45:00. Mr. Needham made the motion, seconded by Ms. Carter, with two staff conditions.

PLN-BOA-21-00034 - Anthony Chapman's variance request to reduce front yard setback was postponed unanimously 6-0 2:00:00. Mr. Gross motioned to continue the case for 30 days for further consultation, with Mr. Clark providing the second.

Contested Items

The meeting included one contested item involving a variance request submitted by Anthony Chapman that resulted in a procedural dispute.

Variance Request by Anthony Chapman

Anthony Chapman's variance request became a point of contention during the proceedings due to complications related to non-conforming use issues. The item generated disagreement regarding the proper handling of the application and whether it met the necessary criteria for approval.

The nature of the dispute centered on procedural concerns rather than the merits of the variance itself. Staff or committee members identified problems with non-conforming use aspects of Chapman's request, which led to questions about how the application should be processed and what steps needed to be taken before it could receive proper consideration.

As a result of these procedural issues, the variance request was recommended for disapproval. Rather than receiving a final denial, however, Chapman was advised to seek further consultation to address the non-conforming use concerns that had been identified during the review process.

The outcome suggests that while the current application could not move forward as submitted, there may be a path for Chapman to resubmit or modify the request after addressing the underlying issues through additional consultation with the appropriate parties or departments.

This contested item demonstrates the importance of ensuring all procedural requirements and conformity standards are met before variance requests can receive full consideration by the reviewing body.

Call to Order

0:00 The Chair called the meeting to order and confirmed that a quorum was present to conduct official business.

Key Details: • The meeting was formally opened by the Chair • Quorum was established, allowing the meeting to proceed with official agenda items • This was an informational procedural item with no debate or discussion required

Outcome: The meeting was successfully called to order with proper quorum established.

Approval of Minutes

5:00

The board considered the approval of minutes from two previous meetings during this agenda item. The minutes under review were from the May 10, 2021, meeting and the June 14, 2021, meeting.

The Chair presented the minutes for consideration by the board members. Harry participated in the discussion regarding the approval of these meeting records.

Both sets of minutes were reviewed and subsequently approved by the board without any noted objections or amendments. The approval covers the official record of proceedings from both the May 10, 2021, and June 14, 2021, meetings.

This routine administrative item ensures the board maintains accurate documentation of its previous deliberations and decisions, providing an official record of the organization's governance activities.

Public Hearing on Zoning Appeals

10:00

The board conducted a public hearing to review multiple zoning variance requests from various applicants. The hearing addressed appeals from several parties seeking relief from existing zoning requirements.

The appeals included requests from: • Ball Homes LLC • Dan Larrow • Robert Curtsinger • Additional unnamed applicants

During the hearing, the Chair presided over the proceedings while applicants presented their cases for the requested variances. Each applicant had the opportunity to explain their specific zoning relief needs and justify why the variances should be granted.

The hearing served as an informational session, allowing the board to gather details about each appeal and providing a public forum for the presentation of these zoning matters. No final decisions were rendered during this portion of the meeting, as the item was classified as informational in nature.

The public hearing format ensured transparency in the zoning appeal process and gave applicants the required opportunity to present their cases before the board for consideration.

Board Items

2:10:00

The Chair opened agenda item IV, Board Items, announcing that any items a Board member wished to present would be heard during this portion of the meeting.

No additional details were provided in the available materials regarding specific items presented by Board members, discussions that took place, or concerns that may have been raised during this segment.

This agenda item served as an informational opportunity for Board members to bring forward matters for consideration or discussion.

Staff Items

2:15:00

The Chair announced that any items a Staff member wishes to present would be heard during this portion of the meeting. This agenda item served as an opportunity for staff to bring forward matters for discussion or information sharing with the governing body.

No specific staff presentations or items were documented as being brought forward during this segment of the meeting. The item appeared to function as a standing agenda item providing staff with the opportunity to present matters as needed, though none were presented at this particular meeting.

This agenda item concluded as an informational item with no formal action taken.

Next Meeting Date

2:20:00

The Chair announced the scheduling information for the next meeting during this agenda item. The next meeting is scheduled for August 9, 2021, at 1:30 p.m. in the Council Chamber.

This was an informational announcement with no discussion or debate required from the meeting participants.

Adjournment

The meeting was formally adjourned after all scheduled business items were completed 2:25:00. The Chair concluded the proceedings following the completion of all agenda items.

No additional business or concerns were raised during the adjournment process. The meeting concluded in an orderly manner with all participants having had the opportunity to address the items on the agenda throughout the session.