August 5, 2008


Members Present: 

Lynne Thomas-Roth   

Glynn Marsh

John Bruns                  

Al Butler

Mayor Goudy


City Staff Members Present:         

John Applegate      

Denise Winemiller



          The August 5, 2008 City of Union Board of Zoning Appeals meeting was called to order by Lynne Thomas-Roth.  Attendance was taken and all of the board members were present.


          1.       Mrs. Thomas-Roth asked if there were any questions or comments concerning the minutes from the June 3, 2008 Board of Zoning Appeals meeting.  There were no corrections so Mr. Bruns moved that the minutes be accepted as prepared.  Mr. Marsh seconded the motion.  Mr. Butler abstained and the other board members voted for the motion.  The minutes were accepted as prepared.


          2.       08-03  - Application for a zoning variance in the front yard for Nicholas Albert, 117 Woodard Drive for a deck that will extend into the building setback.


          Mr. Applegate said the application was fairly clear and includes pictures of the deck that is being built.  Mr. Applegate said that he and the Building/Zoning Inspector Glen Green have looked at the structure and have no objections. 

          Mr. Applegate said the deck would never be allowed to be enclosed and the new deck was covering an existing porch and steps but the new structure was wider than the original porch.

          Mr. Applegate said they have approved some of these structures in the past and the deck looks nice on the front of the house.


          Mr. Bruns asked how far into the setback would this extend.  Mr. Applegate said the house is twenty-five foot back and the structure goes thirteen feet, six inches into the setback. 

          Mr. Bruns moved to grant the variance in the front yard setback for thirteen feet, six inches.  Mrs. Thomas-Roth seconded the motion.  All concurred and the variance was granted.


          3.       08-04 - Application for a zoning variance in the front yard for Kris Long, 406 Rinehart Road, for a deck that will extend into the building setback.


          This application was for the same situation, a deck extending into the front yard setback. 


          Mr. Applegate said that the staff has reviewed this and recommend the approval of the variance.  This structure would extend nine feet into the building setback. 


          Mr. Marsh asked if there was a completed application on file.  Mr. Applegate said that he had the original and it was signed and notarized. 


          Mr. Marsh asked if a permit was required for these structures and Mr. Applegate said there was.


          Mr. Bruns moved to grant the variance in the front yard for nine feet into the setback.  Mr. Butler seconded the motion.  All concurred and the motion was passed.


          4.  Open Agenda


          Mr. Butler said he understood that residents would want a new deck to cover the old deteriorating steps, but he suggested they come up with some limits on how far the structure could extend into the setback.  Mr. Applegate said they generally look at the area and how it matches with the neighborhood.  He said in one case, they made them cut back the structure that they were building.


          Mr. Applegate said sometimes the homes have a top stoop, and then another long stoop, and then the steps turn down.


          The board discussed how far out they would really be allowed to extend.  Mr. Applegate said it would be done by a case by case basis, and they would have to look at each one.    Mr. Applegate said they measure what the homeowner wants to do and compare the proposed structure with the rest of the houses on the street. 


          Mrs. Goudy said in the older plats, a lot of the cement is deteriorating.  Mr. Applegate said the salt on the steps eventually causes the deterioration and the block crumbles or settles.

          They talked about the age of the homes and Mr. Applegate said they just replaced the lift station which was thirty-three years old so they figured the homes were roughly thirty years old. 


          Mr. Butler said he didnít mind that the steps were covered, but he would not be in favor of putting a deck on the entire front of the house.  Mr. Applegate said that was not allowed. 


          In answering a question from Mayor Goudy, Mr. Applegate said when someone wanted to put a cover on a structure, the foundation had to have a footer and the city would make the builder expose the corners to determine if there was a footer. 


          Mr. Marsh said the decks on the fronts of those houses like 117 Woodard actually improve the looks of the property.  Mr. Applegate agreed.


          Mr. Butler said that the houses were built with the steps extending out into the setback so it would be difficult to turn down people that were trying to replace the steps.


          5.  Mr. Marsh moved that the Board of Zoning Appeals meeting be adjourned.  Mayor Goudy seconded the motion.  All concurred and the meeting was adjourned.