May 28, 2024 Board of Zoning Appeals Hearing Officer Meeting

[A. Call to Order]

[00:00:08]

>> 5:15 , FIRST ITEM ON THE DOCKET IS

[D. (V) Fuson Residence, Pergola Setback Variance.]

>> HIT THE BUTTON. >> I REPRESENT HOMESTEAD OUTDOOR LIVING, ASKING FOR A VARIANCE ON THE SETBACK FOR THE PROPERTY LINE . CURRENTLY , THERE IS A CONCRETE PAD THAT WAS BUILT AFTER THE HOUSE WAS CONSTRUCTED. THE HOMEOWNER WOULD LIKE TO EXPAND THAT CONCRETE PAD AND BUILT A PERGOLA ON TOP OF IT. THERE ARE MANY INSTANCES IN THE NEIGHBORHOOD OF SIMILAR UNITS BUILT , SIMILAR CONCRETE OR PATIOS BEING BUILT INTO THAT AREA . I HAVE SPOKEN WITH ZONING AND PLANNING ABOUT THIS ALREADY AND I BELIEVE IT RECEIVED A FAVORABLE RECOMMENDATION. HAPPY TO ANSWER

ANY QUESTIONS. >> IS THERE ANYONE WHO WOULD LIKE TO SPEAK IN FAVOR OF THIS VARIANCE? SEEING NONE, DOES ANYBODY WANT TO SPEAK IN OPPOSITION TO IT? SEEING NONE,

THE REPORT, PLEASE . >> THE SUBJECT SITE IS A CORNER LOT WITH TWO STREET FRONTAGES, AND THE VARIANCE REQUEST IS FOR A 3.5 FOOT ENCROACHMENT TO THE WEST YARD. THEY HAVE RECEIVED CONSENT TO ENCROACH APPROVAL ON THE BOARD OF PUBLIC WORKS. BUT THEY WILL NEED TO SEEK COUNTY DRAINAGE BOARD APPROVAL SINCE THEY HAVE JURISDICTION IN THAT YARD AREA, WHICH IS ALSO AN EASEMENT . WE DO RECOMMEND POSITIVE CONSIDERATION OF THE VARIANCE WITH THE CONDITION OF THE COUNTY DRAINAGE BOARD

APPROVAL. >> SUBJECT TO CONDITIONS ?

>> YES. >> THE PLANNING DEPARTMENT SUPPORTS THE VARIANCE REQUEST. THEY RECOMMEND POSITIVE CONSIDERATION, I SEE NO REASON TO DENY THAT, CONGRATULATIONS, YOUR VARIANCE HAS BEEN GRANTED THE SUBJECT TO CONDITIONS .

>> THANK YOU. >> NEXT IS BROWN RESIDENTS

[D. (V) Brown Residence Pergola, Lot Cover Variance.]

>> I AM ROBERT BROWN , MY HUSBAND AND I ARE SEEKING APPROVAL TO ADD 250 SQUARE FEET OF CONCRETE TO OUR BACK POOL DECK. WHICH WILL EXCEED THE 35% COVERAGE RULE BY 3% . WE ALREADY HAVE ABOUT 36 , ALMOST 37% , AS IT IS, IT EXCEEDED IT AND WE ARE JUST ADDING ABOUT 1% BECAUSE A GAZEBO FOR EXTRA SHADE IN THE BACKYARD IN FRONT OF WINDOWS IF WE PUT IT ON

EXISTING CONCRETE. >> THANK YOU. ANYONE IN SUPPORT OF THIS PETITION? SEEING NONE , ANYONE OPPOSED? SEEING NONE , THE DEPARTMENT'S REPORT, PLEASE.

>> THIS PETITION HAS RECEIVED APPROVAL FROM THE HOMEOWNERS ASSOCIATION AND WITH THIS VERY SLIGHT INCREASE IN LOT COVERAGE, THE ENGINEERING DEPARTMENT DOES NOT HAVE ANY CONCERNS ABOUT THAT BECAUSE THERE IS AN OVERALL DETENTION POND FOR THE ENTIRE NEIGHBORHOOD WHO CAN HANDLE THAT SLIGHT INCREASE AND PLANNING STAFF RECOMMENDS POSITIVE CONSIDERATION OF THE VARIANCE REQUEST. THANK YOU.

>> THANK YOU. THE PETITION HAS -- THE DEPARTMENT OF SERVICES RECOMMENDS POSITIVE CONSIDERATION AND I DO SO ALSO.

[00:05:02]

CONGRATULATIONS . THANK YOU. >> MEHRINGER FENCE HEIGHT

[D. (V) Mehringer Fence Height Variance.]

>> CHRISTIE MEHRINGER, HOMEOWNER, A SIX FOOT PRIVACY FENCE AND WHAT IS CONSIDERED A FRONT YARD. WE HAVE TWO STREET FRONTAGES AS A CORNER LOT IT WOULD BE IN OUR SIDE YARD. IT WOULD EXCEED THE ALLOTMENT OF A FOUR FOOT FENCE BY INCREASING IT TO A SIX FOOT. THIS WOULD ALLOW OUR FAMILY MORE PRIVACY AND SECURITY FOR OUR PETS AND OUR SIDE YARD.

>> THANK YOU. ANYONE IN SUPPORT OF THIS PETITION? SEEING NONE , ANYONE OPPOSED? DEPARTMENT'S REPORT .

>> THIS SITE IS A CORNER LOT WITH TWO STREET FRONTAGES WHICH MEANS IT HAS TWO FRONT YARDS. IN THE STAFF ANALYSIS OF THE REQUEST , WE ARE SUPPORTIVE OF THE SIX-FOOT TALL PRIVACY FENCE IN THE FRONT YARD AREA , WHICH THEY USE AS A SIDE YARD ESSENTIALLY. WE DO RECOMMEND POSITIVE CONSIDERATION OF THE

VARIANCE REQUEST . >> THANK YOU.

>> THE PETITION HAS ADDRESSED ALL COMMENTS , AND WE SUPPORT THE VARIANCE. THE DEPARTMENT OF COMMUNITY SERVICE ALSO RECOMMENDS POSITIVE CONSIDERATION AND SO DO I.

[D. (V) Matthews Residence, Building Addition Variance.]

>> I AM MIKE THOMPSON AND I REPRESENT KATIE MATTHEWS AND THEY REQUEST A VARIANCE FOR TWO ROOM ADDITIONS THAT ARE APPROXIMATELY 500 SQUARE FEET TOTAL IN ADDITION TO THE HOUSE.

IT HAS A 10 FOOT VARIANCE SETBACK REQUIREMENT AND THE EXISTING BUILDING IS FIVE FEET BACK FROM THE PROPERTY LINE AND WE JUST WANT TO ADD ON BECAUSE WE CANNOT TAKE IT ANY OTHER DIRECTION. ON THE NORTH SIDE SETBACK.

>> THANK YOU. ANYONE IN SUPPORT OF THE PETITION? ANYONE OPPOSED? DEPARTMENT'S REPORT.

>> THEY WANT TWO BUILDING ADDITIONS TO THE HOUSE, THE ORIGINAL HOUSE WAS BUILT IN 1936 AT IT IS SIDE SETBACKS ARE LEGALLY NONCONFORMING OR CONSIDERED GRANDFATHERED. THESE TWO SMALL BUILDING ADDITIONS WOULD FALL IN LINE WITH THAT FIVE FOOT SETBACK INSTEAD OF THE 10 FOOT. PLANNING STAFF IS IN SUPPORT OF THIS VARIANCE REQUEST .

>> THE PLANNING DEPARTMENT SUPPORTS THE VARIANCE REQUEST AND COMMUNITY SERVICES RECOMMENDS POSITIVE CONSIDERATION AND I SEE NO REASON TO DENY IT .

[D.(V) 10838 McPherson St., Front Yard Setback Variance]

PZ-2024-00074 V. >> I AM HEIDI MELTON . WE ARE REPRESENTING DAVIS BUILDING GROUP FOR THE PROPERTY WHERE THE PROPERTY OWNER /BUILDING A NEW HOME ON THIS PROPERTY , THE CURRENT VARIANCE IS 30 FEET AND WHERE ASKING FOR A 20 FOOT SETBACK. IN THE NEIGHBORHOOD OF HOMEPLACE , A LAW THE CURRENT PROPERTIES HAVE THE SIMILAR SETBACK AND WE FEEL THAT OUR HOME WOULD ALSO BE IN A FIT WITH THIS HARMONIOUS SETBACK.

ALSO PROVIDING US MORE PRIVACY AND SAFETY FOR OUR BACKYARD.

THAT IS ALL. THANK YOU. >> THANK YOU. ANYONE IN SUPPORT FOR OPPOSED? SEEING NONE, DEPARTMENT'S REPORT TO

>> THE VARIANCE REQUEST IS FOR 10 FEET AND THE HOUSE TO BE

[00:10:06]

THE SITE WILL NEED TO BE MAINTAINED AND MOWED AS SOON AS POSSIBLE TO BECOME OUT OF VIOLATION. OTHER THAN THAT , WE RECOMMEND POSITIVE CONSIDERATION OF THE VARIANCE

REQUEST. >> THE PETITIONER HAS ADDRESSED ALL COMMENTS AND YOU DID HEAR SOME CONDITIONS THAT WERE ATTACHED TO THIS. THE DEPARTMENT OF COMMUNITY SERVICES RECOMMEND POSITIVE CONSIDERATION AND I DO SO ALSO . CONGRATULATIONS AND THANK YOU. LOGAN FENCE HEIGHT

[D.(V) Logan Fence Height Variance]

>> HELLO, MY NAME IS JIM SWANSON AND I REPRESENT JORDAN LOGAN. WHAT WE ARE LOOKING TO DO IS ASKING THE CITY FOR THE APPROVAL OF A VARIANCE TO ALLOW A SIX FOOT TALL PRIVACY FENCE WITH ZERO VISIBILITY , INSTEAD OF THE ALLOWED 42 INCH TALL FENCE WITH THE 35% VISIBILITY THROUGH THE FENCE. THEY ARE LOCATED ON THE CORNER LOT WHERE THE STREET IS ON BOTH SIDES , THE FRONT AND TO THE NORTH SIDE.

>> THANK YOU. ANYONE IN SUPPORT OF THIS PETITION ? SEEING NONE , ANYONE OPPOSED? PLEASE COME FORWARD . WE WILL GIVE EVERYBODY THREE MINUTES TO SPEAK THEIR PEACE.

>> HELLO, STAN, NEXT-DOOR NEIGHBOR TO THE PROPERTY.

HAVING RECEIVED A COPY OF THE VARIANCE REQUEST, IT SEEMS A LITTLE BIT VAGUE. IT SPEAKS TO AN EIGHT FOOT FENCE , THAT WAS NOT MENTIONED , I AM QUESTIONING THAT. REALLY , I WOULD LIKE TO SEE AND HEAR MORE DETAILS BEFORE WITHDRAWING AN OBJECTION AS TO -- IT ONLY SAYS PRIVACY FENCE. WHAT TYPE OF FENCE IS THAT? ALSO, ALL ADJOINING PROPERTIES HAVE SIX-FOOT FENCES. EIGHT FOOT WOULD NOT BE IN KEEPING WITH THE CONDITIONS OF THE NEIGHBORHOOD. OR NEIGHBORING PROPERTIES. AT THIS POINT, I AM WONDERING IF THOSE QUESTIONS COULD BE ADDRESSED OR ANSWERED.

>> WE WILL TAKE CARE OF THAT. ARE YOU DONE?

>> I HAVE GOT IT COVERED. >> THANK YOU. NEXT. SIR? YOU ARE NEXT. SHE RAISED HER HAND FIRST.

>> MY NAME IS MICHELLE AND I AM A HOMEOWNER ACROSS THE STREET AND DOWN ONE HOUSE . I AM ALSO A MEMBER OF THE ART COMMITTEE FROM OUR HOMEOWNERS ASSOCIATION. WE HAVE SPECIFICATIONS WITHIN OUR HOMEOWNERS ASSOCIATION FOR FENCING THAT ONLY ALLOWS FOR SHADOWBOX FENCING, NOT PRIVACY FENCING, WHICH IS BOARD, NO VISIBILITY. GRANTING A PRIVACY FENCE, COMPLETELY CLOSED, IT HAS BEEN DENIED IN OUR HOMEOWNERS ASSOCIATION BEFORE. I THINK ALLOWING IT IN

[00:15:02]

NEIGHBORHOOD. >> THANK YOU.

>> DAVE MCNULTY, I LIVE ACROSS THE STREET IN THE HOUSE REQUESTING THE VARIANCE WHICH IS ACTUALLY A DEAD-END. I HAVE A BACKYARD AND A POOL , AND THEY HAVE A BACKYARD INGROUND POOL, I AM CERTAIN I DID THAT WITH A LOCK AND GAIT. MY ONLY QUESTION IS, I CONSIDER THAT A SIDE YARD, IT IS ON A CORNER LOT AND 42 INCHES , LIKE THE PICKET FENCE ON THE CORNER, OF PATRICIA COURT , OR DRIVE , I WANT TO KNOW HOW FAR OUT HE IS PUSHING IT OR HOW FAR IS THE OFFSET FROM THE STREET OR SIDEWALK? I HAVE BEEN TOLD I AM THAT SIDEWALK, HOW FAR BACK ON THE HILL IS GOING INTO THE FRONT YARD , I CALLED IT A SIDE YARD, ONLY TWO OF US ON THE DEAD-END. THAT IS WHAT A LOT OF THESE QUESTIONS ARE ADDRESSING, SHADOWBOX, SIX-FOOT, PROPHECY, SOLID, I HAVE A SHADOWBOX BUT OVER SIX FOOT WOULD BE GOTHIC.

THERE ARE SOME QUESTIONS. >> THANK YOU. ANY OTHER OPPOSITION? THE HEIGHT OF THE FENCE WAS A CONSIDERATION AND I WILL LET THE DEPARTMENT ANSWER THAT QUESTION.

>> THANKS. THEY REQUESTED BETWEEN SIX AND SEVEN FEET TALL AND WE SAID WE WILL ONLY SUPPORT A SIX FOOT TALL MAXIMUM FENCE. ALSO , THEY DID TELL US THE FENCE WOULD BE LOCATED 11 FEET SOUTH OF THAT SIDEWALK THAT RUNS ALONG THE NORTH SIDE OF THE LOT. IT WOULD BE SET BACK PRETTY FAR. AS FAR AS THE SHADOWBOX DESIGN, THAT IS MORE DICTATED BY THE H AWAY , THE CITY -- DICTATED BY THE HOA, THE CITY WOULD NOT CARE IF IT WAS SHADOWBOX OR FULL PRIVATE AND WE WOULD RECOMMEND THE PETITIONER FOLLOW WHAT THE HOA REQUIRES.

>> THIS HAS TAKEN A BIT OF DISCUSSION AT THE DEPARTMENT LEVEL AND THE PETITIONER HAS ADDRESSED ALL PLANNING AND ZONING REVIEW COMMENTS AND WE SUPPORT THE VARIANCE REQUEST FOR A SIX FOOT TALL FENCE. PETITIONER FINDINGS OF FACTS ARE CAN DOUBLE OR INCLUDED AND THE DEPARTMENT OF COMMUNITY SERVICES RECOMMEND POSITIVE CONSIDERATION OF THE RANCH REQUEST AND I SEE NO REASON TO DENY THIS REQUEST, SO,

[D. (SE) Orono Short Term Residential Rental.]

>> MY NAME IS RUTH ORONO AND I'M HERE TO REQUEST FOR A SHORT-TERM RESIDENTIAL FOR RENTAL SPECIAL EXEMPTION APPROVAL. THE PROPERTY IS A PRIVATE ENTRY , HAS A PRIVATE ENTRANCE, AND HAS PRIVATE PARKING. GUESTS NEVER PARK ON THE STREET. WE HAVE RULES TO MAKE SURE EVERYTHING IS DONE CORRECTLY. GUESTS ARE CAREFULLY SELECTED AND THEY ALSO HAVE A PROGRAM TEACHING ME WHAT TO DO SO I CAN DO THIS SUCCESSFULLY.

>> ANYTHING ELSE? >> NO, JUST A BLESSING.

[00:20:01]

>> THANK YOU. ANYONE WHO WOULD LIKE TO SPEAK IN FAVOR? ANYBODY OPPOSED ? SEEING NONE, DEPARTMENT'S REPORT ?

>> THEY WANT APPROVAL TO RENT OUT A BEDROOM IN HER HOUSE, SHE WILL BE ON SITE WHEN THE PROPERTY IS RATED. THERE DOES NOT APPEAR TO BE AN OFFICIAL HOMEOWNERS ASSOCIATION FOR THE NEIGHBORHOOD, JUST A VOLUNTARY ONE. THE PETITIONER IS A PERMANENT RESIDENT OF THE DWELLING WHICH MEETS THE CRITERIA FOR ELIGIBILITY AND ALSO THE CODE ENFORCEMENT DEPARTMENT HAS NOT RECEIVED ANY COMPLAINTS ABOUT THIS PROPERTY.

THE PLANNING DEPARTMENT RECOMMENDS CONSIDERATION OF

THIS REQUEST. >> BUT NOT A POSITIVE

RECOMMENDATION? >> NOT A NEGATIVE , JUST A

RECOMMENDATION. >> HAVE YOU DONE THIS BEFORE?

>> THE FIRST FEW MONTHS I DID NOT KNOW ABOUT THE ORDINANCES AND IT WAS SUCCESSFULLY DONE. FOUR MONTHS INTO IT, I RECEIVED A LETTER FROM HERE SAYING I AM DOING THIS ILLEGALLY AND I WAS VERY SORRY. I CAME AND SPOKE WITH THEM AND THEY SAID THERE WAS THIS PROGRAM WHICH I COULD APPLY FOR. I HAVE DONE IT, I HAVE FIVE-STAR REVIEWS AND NONE OF MY NEIGHBORS HAVE

COMPLAINED. >> THIS IS THE FIRST TIME YOU WENT TO THE PROCESS, IS IT LABOR IS , HARD ON YOU? DID YOU

FIND COOPERATION ? >> THE PAPERWORK WAS KIND OF DAUNTING , BUT I HAD A LOT OF SUPPORT FROM HERE. THAT REALLY HELPED ME A LOT AND EVERYTHING WAS DONE CORRECTLY AND ON TIME.

>> DO YOU INTEND ON DOING THIS AGAIN?

>> YES, SIR. I DO THIS VERY WELL.

>> HOW OFTEN? >> USUALLY, GUESTS ARE FOR THE WEEKEND, ONCE A WEEK, SOMETIMES THEY STAY FOR THREE WEEKS OR SOMETIMES TWO DAYS . MY MINIMUM IS TWO TO THREE DAYS. BUT THEY HAVE RULES, SO THEY KNOW THE BOUNDARIES AND NOBODY HAS

DISRESPECTED THE RULES. >> OKAY. THE PETITIONER HAS ADDRESSED ALL COMMENTS , CODE ENFORCEMENT DEPARTMENT HAS NOT RECEIVED ANY COMPLAINTS ABOUT THIS PROPERTY. RESTRICTIONS DO NOT PROHIBIT A SHORT-TERM RENTAL LAND USE. THE DEPARTMENT OF COMMUNITY SERVICES RECOMMENDS CONSIDERATION OF THIS PETITION. THE DEPARTMENT ALSO RECOMMENDS THE ADOPTION OF THE FINDINGS OF FACT THAT THE PETITION IS APPROVED. I SEE NO REASON TO DENY IT BUT I WOULD BE CAREFUL AND WATCHFUL TO MAKE SURE THE NEIGHBORHOOD IS PROTECTED AND YOU DON'T GENERATE ANY NEGATIVE REMARKS FROM YOUR NEIGHBORS .

>> THANK YOU. NOTHING HAS HAPPENED LIKE THAT.

>> YOUR PETITION IS APPROVED. >> THANK YOU SO MUCH.

>> IS THERE MORE ON HERE? IS THERE ONE MORE?

>> NO, THAT IS THE LAST ITEM. >> THAT WAS THE LAST PETITION

* This transcript was compiled from uncorrected Closed Captioning.