ZONING BOARD OF ADJUSTMENT
DATE: JULY 17TH, 2014
The Zoning Board of Adjustment met at a scheduled meeting on Thursday, July 17th, 2014 at 2:30 p.m. in the Municipal Court Chambers at City Hall, Shawnee, Oklahoma, Pottawatomie County, pursuant to notice duly posted as prescribed by law. Justin Debruin, Assistant Planning Director for the City of Shawnee, presented the staff reports. Staff reports are available upon request.
AGENDA ITEM NO. 1: Roll Call
Upon roll call the following members were present:
Mat Thomas, Tom Bierd and Joe Freeman
A quorum was declared present.
NOTE: Jim Cooper was absent.
AGENDA ITEM NO. 2: Approval of the May 15th, 2014 Zoning Board of Adjustment meeting minutes.
Joe Freeman made a motion, seconded by Mat Thomas to approve the minutes from the May 15th, 2014 meeting.
AGENDA ITEM NO. 3: Case #Z03-14 – 531 W. Wood, Shawnee, OK
A public hearing for consideration of the following requested variances:
1. To reduce the required side yard setback of five (5’) feet, as required by Section 22-160.4 of the Shawnee Zoning Code, to allow construction of a carport.
Applicant: Vicky Ontiveros
Chairman Bierd asked for the staff report. Justin Debruin presented the staff report and passed out additional aerial maps to the Commissioners. Mr. Debruin discussed the requested variances in consideration for the applicant.
Mr. Debruin informed the Board that the property is legally non-conforming, and the applicant is proposing to construct a car port on the west side of the house and would require the side yard setback to be reduced five (5’) feet. Justin Debruin explained that such a limitation did not meet the requirements of a variance. Mr. Debruin recommended the applicant consider moving the proposed car port to the rear of the property where the required side yard setback is three (3’) feet. Chairman Bierd asked the Commissioners if they had any questions for Justin Debruin. Commissioner Thomas asked for clarification of the recommendation to move the car port to the back of said property. Justin Debruin informed him to refer to the aerial map he handed out to show the trend of neighboring properties for backyard car port setbacks. Commissioner Freeman asked if Justin Debruin had visited the neighborhood to see the other houses, Mr. Debruin informed him that he had. Commissioner Freeman asked if it was true that the majority of houses on the same street had either car ports or garages that were non-conforming also. Justin Debruin agreed. Commissioner Thomas asked if neighbor was aware and asked what their thoughts were regarding this proposal. Mr. Debruin informed him that there was a letter attached with the packet showing that the neighbor is in relation and had no issue with this proposal. Justin Debruin explained to the Commissioners that precedence is the factor in this case considering the number of requests for construction of car ports on legally non-conforming lots that have been denied for the same reasoning. Chairman Bierd asked if the Commissioners had any more questions for Justin Debruin, they did not and Chairman Bierd opened for public hearing.
The applicant, Vicky Ontiveros, asked if she could speak. Chairman Bierd agreed and Vicky came forward. Mrs. Ontiveros explained how there was a car port previously on her property twenty years ago until a lady accidentally ran into it and it had to be taken down. Mrs. Ontiveros also explained how she is elderly and has trouble getting to and from her car in bad weather and that the car port would improve the neighborhood. She further asked why she should be penalized for being unable to afford to put the car port back twenty years ago, and that having the car port would help protect her.
Vicky Ontiveros seated herself and her assistant, Matt Thomas, came forward and spoke for the proposal as well. Mr. Thomas stated that the three criteria for granting a variance did apply to her situation and prayed for relief. Chairman Bierd asked the applicant about the request to move the car port to the back side of the property. Mr. Thomas informed him that the car port would not be as stable and secure and would not cure his clients’ trouble by not protecting her. Justin Debruin asked the Board if he could clarify some points. Chairman Bierd agreed. Mr. Debruin explained that the cement was not an issue, it was the structure. The structure itself would be counted by the actual post and that cost is also not associated as a variance. Commissioner Thomas asked where the awning would come to based on drawing. The applicant said it would come to the cement and cover the driveway itself. Matt Thomas asked if he could show it on the Commissioners map. Chairman Bierd agreed and Mr. Thomas discussed more regarding the positioning of the car port. Chairman Bierd asked Mr. Thomas if it would sit flush with the driveway line and Mr. Thomas stated that it would unless the applicant had a rain gutter attached. Matt Thomas went on to inform the Board that the neighbor tried to deed five (5’) feet of their own property line to the applicant in support of her proposal but found out from the city that it would create an illegally non-conforming lot so they had to withdraw that. Commissioner Freeman asked for any commentary and proceeded to speak about how precedence plays a role in this situation and he believes that from looking at the specific neighborhood the applicant lives in and the houses there, that the Board could grant the variance due to the unique situation. Commissioner Thomas expressed his opinion on how the letter from the neighbor next door giving permission and having no objection for the proposal did it for him and that he is inclined to grant the variance as well. Commissioner Freeman asked Chairman Bierd if he had any comment. Chairman Bierd stated he understood precedence and that the Zoning Board is here for a reason and that it is settled case by case and further proceeded to entertain a motion.
Commissioner Freeman made a motion to approve as described by staff, seconded by Commissioner Thomas.
AGENDA ITEM NO 5: NEW BUSINESS/PLANNING DIRECTOR’S REPORT
Justin Debruin reported there was no new business. Commissioner Freeman went on to comment that he believed Staff did their job and commended Justin Debruin on his work. Chairman Bierd agreed and further stated that there was nothing wrong on either side.
AGENDA ITEM NO 6: ADJOURNMENT
Chairman Bierd asked for a motion, Commissioner Thomas made a motion, seconded by Commissioner Freeman to adjourn. Meeting was adjourned.
Thereupon, this shall be a legal decision of the Zoning Board of Adjustment by the authority and power vested by Ordinance.
Chairman/Vice-Chairman
Cheyenne Lincoln
Zoning Board of Adjustment Secretary
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