[0:00] 225 meeting of the Board of Zoning Appeals. For those of you who have not been to a Board of Zoning Appeals meeting,

[0:09] I'd like to provide a brief overview of some of our procedures. So when a case is called, the city staff will have up to three minutes to present their case.

[0:22] That's correct, Mary.

[0:24] Should be five minutes.

[0:27] City staff will, apologies. City staff will have up to five minutes to present their case after which the applicant and their representatives will have up to a total of five minutes as well to present their position.

[0:41] Finally, the case will be open to public comments with each speaker also limited to five minutes.

[0:48] There's members of a public wish to speak. They must fill out a speaker form for the record.

[0:55] The Board may ask questions during any of these presentations.

[1:00] And the response to Board questions do not count against your five minutes a lot.

[1:06] However, speakers are asked to only respond to the question from the Board and refrain from elaborating,

[1:14] restating their position or asking questions of the Board.

[1:19] Once public comment is closed, the Board will deliberate on the case during which the Board may ask additional questions.

[1:27] As always, speakers are asked only to respond to the question and refrain from discussion.

[1:34] The Board of Zoning Appeals is a seven member board with a four member accord requirement.

[1:40] All motions must have four affirmative votes to pass regardless of a number of board members in attendance.

[1:48] So with that said, this Christmas and please call the roll.

[1:52] Mr. Liu.

[1:53] Mr. Patel.

[1:55] Mr. Foley.

[1:56] Mr. Burke.

[1:58] Mr. Justice.

[1:59] Here.

[2:00] We do have a climb.

[2:02] Perfect.

[2:03] We're seeing that there are no announcements for tonight.

[2:06] Let's get to new business.

[2:08] Talk in number two.

[2:09] VZA 2025.

[2:11] Dash five.

[2:13] 605 East Timber Branch Parkway Public Hearing and consideration of a request for a special exception to convert an existing addition into an attached garage.

[2:23] Located less than eight feet from the front building wall facing the primary yard zone R8 residential.

[2:30] Would city staff like to present?

[2:33] Yes.

[2:44] evening Mr. Chair, members of the board tonight.

[2:47] I have the pleasure to introduce to you.

[2:49] 605 East Timber Branch Parkway for special exception request.

[2:55] For tonight's agenda, I have a quick summary.

[2:57] Some background information regarding the property.

[3:00] The proposal as well as task recommendation.

[3:04] So the question I is a special exception to convert an existing addition into an attached private garage with the front door located less than eight feet from the front building wall.

[3:16] About the primary front yard.

[3:18] Some key elements to this discussion are the conversion of the existing addition to a garage.

[3:23] Attached to an existing curb cut and the topography of the lot to do the fact that a majority of the property is located in RPA resource protection area.

[3:36] Some background information on the property that is owned R8 residential is surrounded by similar single unit dwellings.

[3:43] And like I stated previously, majority of the property is located in a resource protected area which is highlighted on the figure in the presentation right there.

[3:52] As you can see, there's no change of footprint to the actual building.

[3:59] They're just adding a front a garage door opening right located right in on that primary primary front yard right there on the existing addition.

[4:08] So for the special exception request, the required setback for a forward facing garage is eight feet.

[4:19] The current proposed setback, the applicant's requesting is 0.6.

[4:23] So therefore, they're asking relief of 7.4 feet.

[4:27] This is a setback from that front building wall.

[4:32] Stacked records approval, special exception as it means the conditions listed below of each of the criteria for special exception.

[4:40] Thank you.

[4:44] Does the board have any questions for city staff?

[4:48] I got a question.

[4:50] So is there any record that, I mean, so when I look at the architecture of this house, it really looks like this used to be a garage and there was converted to a living space.

[5:00] And now it's being converted back.

[5:02] So is there any record of this being a garage in the past?

[5:05] So it wasn't a garage, it was actually a car port.

[5:07] And then the previous owner of the property enclosed it into what is now a addition.

[5:12] So they want to go back to that being a parking area.

[5:15] Okay.

[5:16] So it's going back to its original use.

[5:18] Right.

[5:19] Thank you.

[5:20] Do is there any record of when that change happened?

[5:23] The static curiosity when it was converted from a car port?

[5:27] So from our records, this went through a grading plan process.

[5:30] But then that's when it was done in terms of that enclosure.

[5:34] All right. Thank you.

[5:35] I think it was about 2018.

[5:37] All right.

[5:42] Any other questions?

[5:44] I guess a question.

[5:46] It was the, when it was enclosed, was it permitted to be enclosed?

[5:51] So as of our records, the grading plan was not completed.

[5:56] So therefore that was done under a previous property owner.

[5:59] So that the whole focus of this was be focusing on the conversion back to parking area.

[6:04] That car port did comply.

[6:06] Okay.

[6:07] Thanks.

[6:08] Yeah.

[6:09] So the applicant will be required to get permits for all of the enclosure for any of the work that was done before she purchased the property.

[6:17] We want to take this case for because of to determine whether or not she could convert it to a garage didn't make sense to do two separate building permits for sort of the same.

[6:27] The same work.

[6:29] And basically when it was converted to an enclosed addition, it became, it was a non-complying car port with a vehicle opening facing the street closer than eight feet to the front building wall.

[6:40] When they enclosed it into just living space, it became compliance.

[6:45] So it lost its non-complying status.

[6:47] And now they want to go back to the, basically non-complying vehicle opening, less than eight feet from the front building wall.

[6:57] Okay.

[6:58] But I guess my, my concern was that it was, it wasn't done with permits initially.

[7:06] So now what you're saying is that, and I'm just trying to paraphrase what I just heard.

[7:11] I think I just heard you say is that now it's going to be required to have permits for everything that was done before such that now it's being brought up to a current code standard.

[7:22] Correct.

[7:23] Okay.

[7:24] Thank you.

[7:28] Okay.

[7:29] Sure. You know question, no further questions for staff.

[7:33] With the applicant.

[7:35] Mrs. Lauren and Dad.

[7:37] Do you like to present?

[7:41] So I bought the property last September.

[7:44] And yes, the best of my knowledge.

[7:47] It was a car port before we are willing to do whatever it takes necessary to go through the proper permit process.

[7:54] The undy burden that it would cause if I had to recess it back eight feet.

[7:59] There's a French drain behind this enclosed is a dining room now at the space that I'm now converting into a garage.

[8:06] It's a French rain behind it and along the entire side of it with a parking lot behind it as well.

[8:11] The parking lot is covered more than 80 percent.

[8:13] I know I have to take that off in order to get birth building permits for that.

[8:17] But it's pretty simple.

[8:18] We just want to put a one car garage door metal door on the front of the property.

[8:24] Go about it the right way with the proper permits.

[8:27] Whatever previous permits were not pulled in order.

[8:32] We'll address all of that and get all of that corrected before moving forward with anything.

[8:37] So that is what we're looking to convert a previous car port back into a garage into a enclosed car garage without changing anything else other than the front building wall.

[8:49] With the door.

[8:50] Yes, so just there's no plans to add any extra doors on the side or anything for access to the garage.

[8:55] It's just saying the same other than the front door.

[8:58] There's got there has to be fire rated doors inside that we have to put in one between the di room and the current kitchen and one between the di room and the family room that's right next to it.

[9:09] We're just going to enclose that walkway through to the family room that's in the back of the house.

[9:15] That's drywall, but the other areas can be fire rated door.

[9:19] No new doors exiting to the yard.

[9:23] Okay.

[9:24] Okay. Thank you.

[9:29] There's four members have any questions for the applicant.

[9:38] Okay. Hearing none. Thank you.

[9:43] Let's move on to your board to deliverations.

[9:46] Any board members have any thoughts that they would like to express?

[9:54] We're doing the application here from the applicant and city staff.

[9:58] You know, I would support approval of this and just from the photographs that looks.

[10:03] I honestly thought it was a garage when I first saw the front of the house.

[10:07] And I understand, you know, it's just the only burden of having to push everything back a feed.

[10:13] If we have staff's recommendation to approve.

[10:17] And I'm not certain even with other additions or modifications like that.

[10:22] I was this at this point.

[10:26] Yeah, it seems like the, the alternative of converting the existing space, which we understand used to be used for car storage is the least disruptive to the applicant.

[10:36] The applicant neighborhood.

[10:39] The potential upside to complying with the letter of the rules seems pretty low.

[10:47] So I would just like to say that I very much appreciate that the, you know, that there's a need for a garage.

[10:56] It's kind of near and dear to my heart totally understand it.

[11:00] I would also like to encourage you to consider putting in a side door to the yard or to the back.

[11:07] If it's compliant to the city agrees with it and stuff.

[11:10] I don't think you have to come back here to do something like that.

[11:12] But in my experience, those side doors garage make a lot of sense for practicality when you're, when you're trying to get in and out of there.

[11:23] There's already a car in there makes it make it much challenging.

[11:27] But yeah, I agree with Mr. Patel that I see absolutely no reason why we would oppose this and I completely agree with the city staff and do support the approval of this application.

[11:45] It's a quick question for staff.

[11:48] A residential and fill regulations that prohibits from facing garages is a, does that apply to the entire city.

[11:59] That was adopted in 2008 and what's sort of the rationale behind that besides preserving neighborhood character.

[12:09] So I can speak to that. So in 2008, the the Intel task force wanted to promote detached career garages and try to eliminate front forward facing garages is like a prime as being the most prominent feature on it welling.

[12:28] And they were basically pretty much prohibited in the city in 2008 and you had to come and get a variance.

[12:35] They did not meet the standards for a variance typically.

[12:39] And we saw that there were neighborhoods similar to this one where a forward facing garage is very typical.

[12:46] So we created the special exception process.

[12:49] If you meet certain standards, which this one does being that there's a majority of the other homes in their blockface.

[12:56] Have forward facing garages.

[12:58] You can come forward for a special exception if you don't meet any of that criteria.

[13:03] And the only criteria that they don't meet is the being eight feet set back from that front building wall.

[13:10] They meet all the other criteria to actually do it by right.

[13:14] It's just that eight foot.

[13:16] Set back that requires the special exception.

[13:18] So we tried to eliminate them and then we realized that that wasn't that didn't mostly make sense in every neighborhood to prohibit.

[13:26] From that a garage is should we create that special exception process that this applicant is taking advantage of.

[13:37] Any other thoughts on the board.

[13:42] Mr. Chair, if there's no other thoughts I'd like to motion to approve this special exception.

[13:47] Based upon the city staff's recommendation and the the seeming the the apparent board.

[13:58] Positive disposition to the application.

[14:03] We have a second for that motion.

[14:05] A second that motion.

[14:08] Motion to approve the application.

[14:11] All those in favor say aye.

[14:14] I.

[14:16] All those against the same sign.

[14:20] I'm hearing none.

[14:21] The application is passed.

[14:24] Thank you.

[14:26] Dock at item number three consideration of the minutes of the April 7th,

[14:30] 2025 board of zoning appeals hearing.

[14:35] So our secretary Ms. Eblen is not here.

[14:39] I have.

[14:41] Review the minutes and I've found that they are accurate to my right right collection of the previous meeting.

[14:49] So do we have a motion to approve the minutes.

[14:53] Motion to approve the minutes.

[14:56] We have a second.

[14:57] Second.

[14:58] Okay.

[15:00] All those in favor of approval of the minutes, say aye.

[15:08] Aye. Aye.

[15:10] Okay, same sign?

[15:12] No read, read, redressions or the motion is passed.

[15:19] Other business, do we have any other business?

[15:22] There are, there's no other additional business.

[15:25] I will just give the Board of heads since we have had regular meetings.

[15:29] have a case that was submitted for September, and then they'll also be the review of the annual

[15:33] for the September hearing, so plan on they're being a September-Eath-Easy Amity.

[15:39] That's it?

[15:42] Okay.

[15:43] We have a motion to a join.

[15:45] Motion to a join.

[15:47] Second.

[15:48] This meeting is a join.

[15:50] Thank you all.

Board of Zoning Appeals

Agenda

Transcript