BOARD OF ZONING APPEALS
October 7, 2008
City Staff Members Present:
Mrs. Thomas-Roth called the Board of Zoning Appeals meeting to order. Attendance was taken and all of the board members were present.
1. Mrs. Thomas-Roth asked if there were any corrections or additions to the minutes from August 5, 2008. There were no corrections so Mr. Marsh moved that the minutes be accepted as prepared. Mr. Butler seconded the motion. All concurred and the minutes were accepted as prepared.
2. 08-05 - Application for a zoning variance in the front yard for Donna Saul and Karen Carmody, 116 Wickham Farm Circle for a deck that will extend into the front yard building set back.
Mr. Applegate said the deck has already been installed and it looks very nice. This is similar to some of the ones that have been done in that past. Mr. Applegate said the staff has reviewed this and have no problems with it.
Mr. Marsh asked the property owners if they had approached their neighbors concerning the deck. The homeowners said they had talked to their neighbors and they loved it and one neighbor even helped them build it.
Mr. Marsh moved that 08-05 be approved. Mr. Bruns seconded the motion. All concurred and the variance was granted.
3. 08-06 - Application for a zoning variance in the side yard requirement for Chris Hallum, 205 Triple Crown Drive, for a garage on the left side of the house.
Mr. Applegate said the staff has reviewed this and Mr. Green has met with the owner. The side yard is next to a dedicated green space so there should not be any problems with other homeowners. Mr. Applegate said the garage would be in line with the existing homes and within the set back. He said it was staff’s recommendation to approve this. Mrs. Thomas-Roth said it looked like the Homeowners Association of Stoneycrest has approved Mr. Hallum’s proposal and made some recommendations.
Mr. Bruns said one of the Homeowner’s Association’s comments was to change the pitch of the roof and Mr. Hallum said he had taken care of that.
Mr. Bruns moved to grant the variance for 08-06. Mr. Butler seconded the motion. All concurred and the variance was granted.
4. Open Agenda
The board discussed the recent Miami County Homearama held at the Stoneycrest Subdivision in Union. There were approximately 3,000 people that had attended.
Mr. Marsh said originally Oberer was the primary builder. Mr. Applegate said that Oberer development had sold the development to Tom Miller.
They talked briefly about the loss of Mr. Miller who was a good friend to Union.
Mr. Bruns asked if they should monitor the change of homeowner’s association from developer to developer or from developer to homeowners. Mr. Applegate said the city stays totally out of it. It is a private association.
Mr. Bruns said they have had three variances in a row where a structure has been built before they applied for a variance. He asked if the city should do more with making people aware of the regulations.
Mr. Applegate said they do provide the information but that people just do not want to get a permit.
Mrs. Thomas-Roth asked if the deck would be inspected and Mr. Applegate said Mr. Green does go out and inspect it.
5. Mr. Marsh moved that the Board of Zoning Appeals meeting be adjourned. Mayor Goudy seconded the motion. All concurred and meeting was adjourned.
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 didn’t 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.