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YES.[Zoning Board Of Appeals Meeting on December 14, 2023]
RIGHT.WE'LL CALL THIS MEETING TO ORDER AND DETERMINE A QUORUM.
TODAY'S DATE IS THURSDAY, DECEMBER 14TH, 2023.
THE TIME IS 4:13 PM UH, CAN YOU TAKE ROLL PLEASE? KIM AMP.
SO, UH, NEXT WE'LL DO THE APPROVAL OF MINUTES FOR THE MEETING OF OCTOBER 12TH, 2023.
CAN I GET A MOTION AND A SECOND MOTION TO APPROVE? SECOND.
ANY DISCUSSION ON THAT? NO CHANGES.
IT'S PERFECT THE WAY IT'S WRITTEN.
THIS IS ON THE MOTION TO APPROVE.
UH, WE WILL GO TO CASE NUMBER 23 DASH SEVEN, THE PETITION OF DOUGLAS M CHILDS FOR THE VARIANCE IN THE PROVISIONS OF THE ZONING ORDINANCE.
ORDINANCE 3 5 1 2 AS AMENDED SECTION TWO TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD AT 2345 SOUTH GLEN AVENUE.
THE SUBJECT SITE IS CURRENTLY ZONED R ONE SINGLE FAMILY RESIDENCE DISTRICT AND HAS A STRUCTURE ON APPROXIMATELY 0.63 ACRE LOT.
THE PETITIONER IS REQUESTING THE VARIANCE FROM THE PROVISIONS OF THE ZONING ORDINANCE TO CONSTRUCT A GARAGE IN THEIR FRONT YARD DUE THE TO DUE TO THE TOPOGRAPHY OF THEIR BACKYARD.
ACCORDING TO THE CITY OF DECATUR, ZONING, ORDINANCE OF VARIANCE MUST MEET THREE STANDARDS IN ORDER TO BE GRANTED.
THE FIRST STANDARD REQUIRES THE APPLICANT TO SHOW THAT THE PROPERTY IN QUESTION IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF BOTH CITY OF DECATUR COMPREHENSIVE PLAN AND REGULATIONS OF THE ZONING ORDINANCES.
THE PROPERTY IN QUESTION MEETS THE DESIRED FUTURE LAND USE CLASSIFICATION OF RESIDENTIAL LOAD DENSITY IN ACCORDANCE WITH THE COMPREHENSIVE PLAN.
THE VARIANCE IF GRANTED, WOULD BE IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE SUBJECT TO MEETING THE OTHER TWO STANDARDS.
THE SECOND STANDARD REQUIRES THE APPLICANT TO DEMONSTRATE THE EXISTENCE OF PRACTICAL DIFFICULTIES OR NON-ECONOMIC HARDSHIPS.
SINCE THEY'RE BACK YARD SLOPES INTO THE LAKE SITE, THIS SECOND STANDARD CAN BE MET AND THE THIRD STANDARD REQUIRES THE APPLICANT TO SHOW THAT THE VARIANCE, IF GRANTED, WOULD NOT ALTER THE ESSENTIAL, THE ESSENTIAL CHARACTER OF THE LOCALITY, OR HAVE A NEGATIVE IMPACT ON THE SURROUNDING PROPERTIES.
GRANTING A VARIANCE FOR A GARAGE WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE LOCALITY AND WILL NOT NEGATIVELY IMPACT THE NEIGHBORING PROPERTIES.
THE PROPOSED GARAGE WILL BE CONSTRUCTED 30 FEET AWAY FROM THE EAST PROPERTY LINE.
THE VARIANCE IF GRANTED, SHOULD NOT AFFECT THE ADEQUATE SUPPLIER SUPPLY OF AIR.
THEREFORE, STAFF BELIEVES THAT THE THIRD STANDARD CAN BE MET.
STAFF RECOMMENDS THE APPROVAL OF THIS REQUESTED VARIANCE FOR THE PROPOSED GARAGE WITH THE FOLLOWING RECOMMENDATION.
ONE, THEY MUST ADHERE TO THE RESIDENTIAL GARAGES AND ACCESSORY STRUCTURE CODE.
AND TWO, A BUILDING PERMIT IS REQUIRED BEFORE THE CONSTRUCTION OF THE GARAGE.
ARE THERE ANY QUESTIONS? NO QUESTIONS.
IS THERE A REPRESENTATIVE OF THE PETITIONER HERE, HERE TO SPEAK? IS THERE ANYONE IN OPPOSITION OF THIS PETITION THAT WOULD LIKE TO SPEAK? ALL RIGHT.
CAN WE GET A MOTION AND PERHAPS A SECOND MOTION TO APPROVE A SECOND.
DEANNA, CAN YOU CALL ROLL PLEASE? CHRIS RODNICK? YES.
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YES.ALRIGHT, THE SECOND CASE, CASE NUMBER, 23 DASH EIGHT PETITION OF DARREN REYNOLDS FOR THE VARIANCE IN THE PROVISIONS OF THE ZONING ORDINANCE.
ORDINANCE 3 5 1 2 AS AMENDED SECTION TWO TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD OF NINE OAK RIDGE DRIVE.
DOES THE STAFF EVER REPORT ON THAT? YES.
THE SUBJECT'S SITE IS CURRENTLY ZONED R ONE SINGLE FAMILY RESIDENCE DISTRICT AND HAS A STRUCTURE ON AN APPROXIMATELY 1.75 ACRE LOT.
THE PETITIONER IS REQUESTING A VARIANCE FROM THE PROVISIONS OF THE ZONING ORDINANCE TO CONSTRUCT A GARAGE IN THEIR FRONT YARD DUE TO THE TOPOGRAPHY OF THEIR BACKYARD.
ACCORDING TO THE CITY OF DECATUR ZONING ORDINANCE, THE VARIANCE MUST MEET THREE STANDARDS IN ORDER TO BE GRANTED.
THE FIRST STANDARD REQUIRES THE APPLICANT TO SHOW THAT THE PROPERTY IN QUESTION IS IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF BOTH THE CITY OF DECATUR COMPREHENSIVE PLAN AND REGULATIONS OF THE ZONING ORDINANCES.
THE VARIANCE IF GRANTED, WOULD BE IN HARMONY WITH THE GENERAL PURPOSE AND INTENT OF THE ZONING ORDINANCE SUBJECT TO MEETING THE OTHER TWO STANDARDS.
THE SECOND STANDARDS REQUIRES THE APPLICANT TO DEMONSTRATE THE EXISTENCE OF PRACTICAL DIFFICULTIES OR NON-ECONOMIC HARDSHIP SINCE THEIR BACKYARD SLOPES INTO THE LAKE.
THE SECOND STANDARD IS CAMP BE MET.
THE THIRD STANDARD REQUIRES THE APPLICANT TO SHOW THAT THE VARIANCE, IF GRANTED, WOULD NOT ALTER THE ESSENTIAL CHARACTER OF THE LOCALITY OR HAVE A NEGATIVE IMPACT ON THE SURROUNDING PROPERTIES.
GRANTING THE VARIANCE FOR A GARAGE WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE LOCALITY AND WILL NOT NEGATIVELY IMPACT THE NEIGHBORING PROPERTIES.
THE PROPOSED GARAGE WILL BE CONSTRUCTED APPROXIMATELY 109 FEET AWAY FROM THE EAST PROPERTY LINE.
THE VARIANCE IF GRANTED, SHOULD NOT AFFECT THE ADEQUATE SUPPLY OF AIR.
THEREFORE, STAFF BELIEVES THAT THIS THIRD STANDARD CAN BE MET.
STAFF RECOMMENDS THEIR APPROVAL OF THE REQUESTED VARIANCE FOR THE PROPOSED GARAGE WITH THE FOLLOWING RECOMMENDATION MUST ADHERE TO THE RESIDENTIAL GARAGES, AN ACCESSORY STRUCTURE CODE, AND TWO, A BUILDING PERMIT IS REQUIRED BEFORE THE CONSTRUCTION OF THE GARAGE.
ARE THERE ANY QUESTIONS? THANK YOU.
IS THERE ANYBODY HERE REPRESENTING THE, UH, PETITIONER THAT WOULD LIKE TO SPEAK? PLEASE STATE YOUR NAME.
DO YOU SOLEMNLY SWEAR OR AFFIRM THAT THE FOLLOWING TESTIMONY YOU ARE ABOUT TO GIVE IS TO THE BEST OF YOUR KNOWLEDGE AND BELIEF? YES.
YEAH, I JUST REALLY KIND OF WANT TO REITERATE WHAT HAS BEEN SAID.
UM, IF YOU LOOK AT THE TOPOGRAPHY FROM THE, UM, OVERHEAD SATELLITE IMAGE, THE GARAGE IS NO FURTHER THAN ANY GARAGE OR RESIDENCE ON THE STREET.
SO, UM, 109 FEET FROM THE FRONT OF MY GARAGE TO THE, THE STREET ON THE SIDE.
I ALSO, UM, IS IT OKAY IF I YES, I DID NOT HAVE THESE.
JUST WANTED TO SHOW SOME LANDSCAPE DRAWINGS.
NOT HIGH, BUT BLEND IN THE GARAGE A LITTLE BIT.
LOOKS NOT AS VISIBLE FROM THE ROAD TO LOOK OUT OF, SO, OKAY.
SO IF YOU LOOK UP AT THAT PICTURE THERE, YOU CAN SEE THE HOUSE TO THE SOUTH IS ACTUALLY POSITIONED FURTHER NORTH IN MY GARAGE.
MY GARAGE IS ACTUALLY ALMOST EXACTLY THE SAME SIZE AS THE GARAGE ON THE NORTH SIDE AND POSITIONED IN THE SAME SPOT ON MY LOT.
AND THEN THE HOUSE TO THE NORTH OF THAT YOU CAN SEE IS, UH, ALMOST AT THE SAME 109 UH, FEET AS WELL.
SO THE HOU UH, THE GARAGE WILL BE BRICK IN THE FRONT, LIKE MY HOUSE IS.
IT'LL HAVE HARDY PLANK ON THE SIDES AND THE SHINGLES WILL MATCH THE ROOF OF MY GARAGE.
UNLESS YOU HAVE ANY QUESTIONS? I DO.
THIS DRAWING YOU JUST GAVE US? YES.
THE GARAGE IS LABELED AS NEW SHED.
IT'S NOT A SHED, IT'S A GARAGE.
AND THAT'S THE INTENDED LANDSCAPE TO GO AROUND IT.
LOOKS LIKE YOU'RE FREE TO SIT BACK DOWN.
UM, IS THERE ANYBODY ELSE HERE IN FAVOR, UH, OF THIS PETITION THAT WOULD LIKE TO SPEAK? ANYBODY HERE IN OPPOSITION OF THIS POSITION? PETITION THAT
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WOULD LIKE TO SPEAK? ALRIGHT.SO CAN WE GET A MOTION AND PERHAPS A SECOND MOTION TO APPROVE ROOF.
APPEARANCE OF CITIZENS POLICY RELATIVE TO APPEARANCE OF CITIZENS.
A 15 MINUTE TIME PERIOD IS PROVIDED FOR CITIZENS TO APPEAR AND EXPRESS THEIR VIEWS BEFORE THE ZONING BOARD OF APPEALS MEMBERS.
EACH CITIZEN WHO APPEARS WILL BE LIMITED TO THREE MINUTES.
NO IMMEDIATE RESPONSE WILL BE GIVEN BY THE ZONING BOARD OF APPEALS MEMBERS OR CITY STAFF MEMBERS.
ARE THERE ANY CITIZENS PRESENT IN THE COUNCIL CHAMBERS OR CONTACTED CITY STAFF WITH COMMENT THAT HAD CONTACTED CITY STAFF WITH COMMENTS TO BE SHARED WITH THE ZONING BOARD MEMBERS? ANYBODY PRESENT? NO.
UH, ANY COMMENTS FROM THE COMMISSION MEMBERS? WELL SPEC THERE'S ONLY ONE MORE THING TO DO, RIGHT? CAN WE GET A MOTION TO ADJOURN THIS MEETING? AND A SECOND? MOTION TO ADJOURN.