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From YouTube: Board of Zoning Appeals July 28, 2020
Description
Board of Zoning Appeals
July 28, 2020
5:30 p.m.
Call to Order
Minutes
II. Old Business
1) Final Orders
III. New Business
1) Application 20-93012-Petitioner Dexter Smith is requesting a Variance to Zoning Ordinance Section 4.2. 1 to permit a 4.5 foot side yard setback on property zoned Residential Multifamily Low Density (RML) located at 1417 Thorpe Lane( TPN 121-11-13-02).
IV. Adjournment
A
notice
that
the
meeting
was
sent
to
the
city
webpage.
The
city
clerk
for
posting
on
the
municipal
board
notice
board
at
least
24
hours
before
this
meeting
agenda
sheets
were
mailed
or
emailed
to
interested
parties.
As
a
reminder,
it
is
unlawful
for
any
person
giving
testimony
to
this
board
knowingly
providing
false
information.
A
A
A
A
That
is
the
only
item
of
all
business.
We
now
enter
into
a
new
business
and
we
have
application
20
93012
a
request
for
a
variance
to
the
zoning
audience
from
section
4.2.1
to
permit
a
four
and
a
half
foot
side,
yard
setback,
that's
on
property
zone
reml,
and
it's
located
at
1417.
Fourth
lane
to
the
city.
Had
this
one
properly
posted.
D
A
D
D
All
right,
mr
chairman,
I
have
the
applicant
dexter
smith
online,
mr
smith,
so
this
is
again
ryan
bland.
We
have
you
on
a
conference
call
here
with
five
of
our
board
members
present.
Your
item
has
been
called
by
the
chairman
and
I
will
now
go
through
the
staff
report
for
the
board
and
that
after
that
is
over,
I
will
turn
it
back
over
to
the
chairman.
Who
will
then
ask
you
likely
he'll
be
asking
you
if
you
have
anything
to
add
to
that
and
then
you
will.
D
D
So,
mr
chairman,
again,
this
is
your
only
item
this
evening,
the
property.
This
is
a
variance
requirement.
I'm
going
to
get
you
familiar
with
the
property
before
I
kind
of
describe.
The
request
is
a
very
small
lot:
0.06
acres,
that's
only
about
2
600
square
feet
off
of
the
south
side
of
thorpe
lane.
Southeast
thorpe
lane
is
a
little
cut
through
between
park
and
carlaton
and
bounded,
and
it
connects
both
sides
to
charleston
street
southeast
and
east
boundary.
D
There
are
only
there
are
about
four
lots
on
the
south
side
of
thorpe
lane
three.
On
the
north
side,
the
zoning
in
that
area
is
kind
of
mixed.
The
property
and
the
block
which
it
is
in
to
the
south
are
zoned
residential
multi-family,
low
density
across
the
street
and
to
the
west
property
is
zoned
residential
single-family,
rs6
at
6,
000
square
foot,
minimum
lot,
size
and
then
property
to
the
north
and
east
is
generally
zoned
light
industrial.
D
A
D
So
4.1
so
yeah,
let's
get
into
the
setbacks
and
I'll
discuss
that
as
part
of
that,
so
the
the
setbacks
for
a
property
in
rml
are
20
foot
to
the
front
20
percent
of
lot
depth
to
the
rear.
So
that's
another
20
feet
and
then
generally
10
feet
on
each
side.
Unless
a
lot
is
narrower
in
certain
zone
districts,
if
it
is
narrower
than
60
feet,
then
you
can
reduce
the
side
set
back
to
seven
and
a
half
feet
on
either
side.
D
The
general
rule
there
and
the
reason
why
that
occurs
is
an
attempt
to
get
15
feet
between
structures,
primary
structures
at
once
you
get
closer
than
15
feet
between
primary
residential
structures.
You
start
to
run
into
building
code
issues,
siding
materials,
limiting
the
amount
of
window
openings.
Things
like
that.
So
that's
the
kind
of
the
reason
behind
that
code,
with
the
thought
that
seven
and
a
half
feet
on
either
side,
even
for
small
lots,
would
allow
for
that
15
feet:
separation
in
units.
D
If
the
structure
were
to
be
built
to
those
standards,
because
it
is
25
feet
long
width
with
a
7.5,
7.5
foot
side
yard
setback,
you
would
require
a
10
foot
wide
residence
on
the
property
same
with
the
the
length
it
would
be.
You
could
have
a
60
foot,
long,
residence
on
the
property
and
there.
That
is
why
the
applicant
is
asking
for
some
relief.
D
You
have
in
your
packet
an
example
of
what
a
a
home
that
that
was
provided,
that
was
15
feet
wide
and
we've
kind
of
canvassed
the
area
and
fifth,
there
are
a
few
fairly
few,
but
a
few
15
foot
wide
homes
along
the
calton
corridor
that
we
found
further
to
the
west
predominantly,
but
very,
very
and
that's
as
small
as
we
found.
We
never
found
them.
They've
gone
as
far
as
a
10
foot
wide
structure,
so
we
kind
of
tried
to
do
some
research
as
to
whether
there
is
any
precedent
for
that.
D
D
Additionally,
the
applicant,
it
has
shown
a
plan,
that's
roughly
67
68
feet
deep,
which
would
require
either
a
variance
then
to
either
the
front
or
rear
setback
of
eight
feet.
We've
applied
for
that
in
the
front.
In
this
case,
and
in
consultation
with
with
the
with
the
applicant,
we
looked
at
surrounding
properties,
and
it
was.
It
was
not
uncommon
to
see
properties
within
the
vicinity
to
be
closer
to
the
street.
D
We
do
in
that
same
section,
referenced
by
the
chairman
four
one.
Three,
a
you
can
also
match
the
front
of
an
adjacent
property.
If
it's
less
than
20
feet,
we,
the
adjacent
property
to
the
east
on
thorpe,
is
set
back,
I
believe,
roughly
17
feet,
so
it
it.
It
allows
for
a
three
foot,
variance
that
we
could
make
in-house
essentially
administratively,
but
it
doesn't
allow
up
to
that
eight
feet.
D
With
that
said,
I
we
did.
This
was
not
included
in
your
packet,
but
just
to
kind
of
we
used
geographic
information
systems,
and
these
are
not
exact,
but
we
believe
that
the
property
to
the
west,
the
single
family,
residence
to
the
west
is
roughly
15
feet
from
the
property
line,
and
the
property
to
the
east
is
roughly
39
feet
from
the
property
line.
A
D
D
D
It
shows
the
fence
on
the
adjacent
property
to
the
east,
but
that
is
several
feet
onto
that
property.
To
kind
of
give
you
reference,
if
you're
out
there
looking
at
it,
so
there's
there's
a
wood,
I
want
to
say,
like
a
six
foot:
wood
fence,
let
me
go
to
the
photo
here.
You
go.
You
can
see
it
from
this
photo.
D
D
D
C
D
C
D
D
D
C
A
D
There,
because
the
neighbor's
house
is
currently
15
foot
off
the
property
line,
is
my
understanding
and
talking
to
the
building
official
that
it
kind
of
opens
the
book
as
far
as
the
exterior
materials
are
concerned,
once
you
start
getting
closer
than
15
feet,
separation
between
structures-
you
do,
the
building
code
does
have
to
start
looking
into
specific
materials
for
the
exterior
of
the
home.
Usually
we
see
brick
cement,
fiber
or
hardy
plank.
D
That's
correct
yeah
if
it
were
built
in
this-
and
this
is
not
being
asked
for,
but
if
it
were
built
from
property
line
to
property
line,
it
would
still
meet
the
separation
requirement
of
the
building
code.
With
the
exception
of
there
are,
there
are
limitations.
If
you
were
to
build
right
on
a
property
line,
there
are
some
like.
D
I
don't
think
you
can
have
any
openings
if
you're
on
a
property
line,
but
if
you're
in
set
that
building
separation
again
there
may
be
some
code
factors
that
would
need
to
be
taken
into
account,
but
but
those
are
typically
a
building
material
and
openings,
the
percentage
of
wall
that
can
be
opened
to
windows,
doors,
etc.
Gotcha,
okay,.
E
D
E
E
D
B
A
F
Well,
I
mean
all
of
that
would
have
to
be.
You
know,
I'm
not
a
builder.
So
that's
not
you
know
my
interest
in
the
property
is
that,
as
I
had
in
my
letters,
that
basically
that's
the
property
that
my
grandmother
had
passed
down,
so
obviously
there's
not
no
nothing
there.
Now
my
desire
was
to
get
the
property
and
then
now
being
that
there's
nothing
there
build
something
on
it.
So
my
only
you
know
my
only
knowledge,
I'm
not
a
builder,
I'm
not
anything
like
that.
F
A
F
Yeah
well,
some
of
the
things
that
I
kind
of
discussed
with
the
builders
is,
you
know,
maybe
a
type
of
I
don't
know
like
a
type
of
driveway.
We
even
talked
about
the
structure
like
having
a
a
garage
in
the
back
or
something
you
know.
I
I
don't
know
all
the
details
again,
we're
just
exploring
different
ways
to
have
that
happen.
I
realize
that
you
know
as
small
as
it
is
than
the
parking
in
the
front.
F
It's
definitely
going
to
be
different
than
when
I
used
to
live
there
because
again
back
then
I
didn't
have
that
issue
because
it
was
built
differently
and
we
didn't
have
a
problem
pardon,
but
now,
obviously
it
takes
more
because
of
what
there's
nothing
there
now.
So
this
would
be
a
brand
new
situation
for,
for
me
to
kind
of
figure
out
the
parking
aspects
of
it
and
but
that
will
be
have
to
be
coordinated
between
me
and
whoever
is
going
to
build.
F
E
D
Mr,
mr
chairman
yeah,
so
we
have
seen
some
cases
like
that
in
other
parts
of
town
where
the
garage,
essentially,
you
almost
only
have
a
garage,
that's
facing
the
street
to
accommodate
vehicles
and
then
often
the
your
as
as
the
applicant
explained,
we
we
see
a
lot
in
that
case
of
a
side
entrance
into
the
house.
Essentially,
you
kind
of
turn
this
house
sideways
on
the
lot.
A
G
G
So,
and
if
I
could
just
ask
mr
smith
a
question
regarding
that,
it
do
you
have,
or
at
this
juncture
you
you
do
not
have
a
specific
plans
for
the
property.
This
is
speculative
at
the
moment.
You
would
like
to
build
on
the
property,
but
at
this
point
you
don't
know
what
that
footprint
looks
like.
Is
that
correct.
F
Right
well.
Well,
what
it
is
is
that
what
what
I
submitted
to
you
was
what
I
I
foresaw.
You
know.
I
gave
up
design
of
what
I
liked
right,
and
so
so
this
is
a
matter
of
me
kind
of
now
seeing
who
could
build
it
in
pricing
and
things
like
that,
so
the
pricing
of
it.
You
know,
that's
my
that's
what
I
want
the
pricing
of
it
would
determine
whether
that
could
be.
You
know
the
possibility
of
being
built.
F
That
design,
that's
why
I
sent
that
one,
because
that's
what
I
projected
as
seeing
myself
built
so
but
again,
pricing
and
all
those
things
may
change
that
right
and
obviously
I'm
sorry
and
then
based
on
the
question
that
was
asked
to
me
in
terms
of
parking
and
things
like
that,
it's
not
that
my
mother
drives.
So
she
doesn't
drive
so
technically,
it's
not
so
much
of
an
issue,
but
at
the
same
time,
whoever
it's
still
something
that
I
think
needs
to
you
know
could
be
addressed.
F
B
D
The
12
it's
asked
at
12
and
a
half
so
essentially
working
through
this
with
the
applicant
and
we
and
and
staff,
was
trying
to
advise
them
on
with
the
floor
plan
presented.
The
question
is
where
you
know
in
the
fitting
of
the
neighborhood:
where
do
we
typically
see
something
reduced
and
it
was
typically
the
front
as
far
as
like?
Historically
most
houses
were
set
a
little
closer
to
the
front,
but
so
that
that
so
it'd
be
about
12
and
a
half
feet
is
what
the
request
is.
The
variance
from
the
front.
D
D
I
roughly
is
about
20
feet
wide
right,
which
would
take
up
more
than
what's
being
requested.
So
the
so.
If
you're
going
to
do
a
single
car
you,
it
would
probably
be
more
like
a
12
foot
wide
garage.
In
that
case,
I
think,
because
you
would,
you
generally
have
difficulty,
I
think,
with
a
10
foot,
because
usually
there's
a
little
bit
of
wiggle
room
in
a
20
foot,
wide
garage
for
two
vehicles
to
accommodate
mirrors,
and
things
like
that.
So
just
to
kind
of
give
you
a
guide
as
the
board.
D
B
B
D
So
if
you
wanted
a
porch
or
a
covered
patio
that
counts
in
that
60
feet.
So
those
do
not
those
can't
encroach
into
if
it's
a
roof
structure,
it
can't
encroach
into
setbacks
under
structures
like
a
deck.
An
uncovered
deck
can
a
once.
You
cover
it
with
roofline.
It
has
to
meet
primary
building
setbacks.
D
So,
in
other
words,
I
think
the
design
presented
here
it
shows
a
front
porch
that
kind
of
eats
into
that
67
feet
in
depth
of
the,
and
I
think
it
has
a
little
rear
porch
as
well.
So
so
you
know
the
actual
structure
itself
without
the
porches,
I
think
is
probably
closer
to
that.
60
foot
range
that
would
be
allowed
by
the.
A
A
F
F
F
A
A
E
I'll
make
a
motion:
yes
make
a
motion
that
application
20-9-3
zero.
One
two
be
approved
for
a
variance
to
permit
a
4.5
foot,
side,
yard
setback,
12.5,
front
yard,
setback,
12.5,
foot,
front
yard,
setback
for
the
purpose
of
constructing
a
single
family
residence
on
the
property
that
the
final
order
shall
run
with
the
land
and
be
recorded
in
the
rmc
office.
A
A
D
D
C
Mr
chairman,
I
I
would
like
to
request
that
we
grant
this
because
it
is
family,
and
I
tell
you
what
more
than
ever
it's
it's
important
that
we
we
look
after
family
these
days,
and
I
think
it's
special
that
this
young
man,
I'm
assuming
young
man
would
young
is
the
word
he
wants
to
take
care
of
his
mother.
I
think
it's.
A
wonderful
thing
and
thorpe
street
is
certainly
a
short
little
streak
and
it
couldn't
possibly
have
that
much
traffic
on
it.
That
would
prevent
anything
being
out
of
order
there.
I
think.
A
G
G
G
You
know
our
stairs
a
factor.
Is
it
going
to
be
usable
for
this
particular
occupant
mobility
issues?
You
know
if,
as
those
of
us
know
whether
we've
bought
and
sold
homes
for
ourselves
or
other
people,
there
are
certain
you
know.
We
need
a
ground
floor
master
because
they
can't
they
can't
access
the
stairs.
If
we
need
to
have
some
sort
of
pickup,
if
there's
a
walker
or
you
know
all
of
those
factors,
so
I
think
a
vehicle
being
accommodated
on
the
property
is,
it
is
a
is
an
issue,
mr
chairman.
A
E
I
understand
her
concern
and
after
the
voting
I
was
going
to
ask
mr
smith,
if
it
is
approved,
ask
him
to
stay
on
the
line,
and
I
was
going
to
give
him
some
of
my
personal
preferences,
which
have
nothing
to
do
with
this
getting
passed
and
I
don't
feel
like
we
should
be
putting
stipulations
on
him.
It's
up
to
him
and
his
architect
and
his
builder
to
figure
out
whether
he
can
actually
do
all
of
this,
and
I
don't
feel
like
we
need
to
put
more
restrictions
on
him.
E
E
I
don't
know
how
we'll
handle
this,
but
I
don't
choose
to
change
my
motion
if
this
dies
and
somebody
else
wants
to
make
a
different
motion,
but
you
know,
having
my
daughter
have
lived
in
d.c
she
had
to
park
blocks
from
her
home.
I
just
don't
feel
like
we
need
to
put
that
constraint
on
this
gentleman
that.
D
So
this
may
just
to
clarify
from
from
the
zoning
aspect.
There
is
an
off
street
parking
requirement
for
single-family
residences,
and
so
we
will
have
to
figure
out
how
to
accommodate
that.
It's
it.
We
have
the
ability
to
kind
of
funk,
a
staff.
Look
whether
like
one
or
two
are
appropriate
for
a
single-family
residence.
It
is
rare
if
ever
that
I've
seen
it
granted
for
zero,
so
we'll
at
least
try
to
staff
working
with
the
applicant
try
to
accommodate
at
least
one
off
street
parking
space
on
site.
D
D
A
F
A
A
A
Each
person
now
with
a
small,
logical
ones,
want
a
small
house
for
whatever
reason-
and
I
just
feel
that
we
I
hate
to
be
hard-nosed,
but
we
have
a
set
of
regulations.
I
don't
see
it
meeting
several
requirements
in
in
our
in
our
guidelines,
for
we
are
for
which
we
make
decisions
it
just
throwing
those
requirements
out.
The
window
is
what
I'm
concerned.
E
Well,
I
feel
like
if
this
lot
were
bigger
and
he
was
asking
to
go
this
close
to
the
neighbor's
line.
I
would
maybe
have
a
problem
with
it,
but
we're
restricting
him
to
even
be
able
to
build
if
we
don't
grant
bavarians-
and
this
was
his
grandmother's
property.
There
was
a
house
there
before
it
wasn't
a
problem
before,
but
I
understand
what
you're
saying,
but
this
gentleman
I
feel
like
he
ought
to
be
able
to
build
a
house
on
this
property
because
there
was
a
house
there
once.