HomeMy WebLinkAboutMinutes HO 07-26-21 (V)Arick Deck Setback Variance.
The applicant seeks the following development standards variance approval:
4. Docket No.PZ-2021-00120 V UDO Section 5.02.B.1 Minimum 3' setback from easement required,
21'4"encroachment into Drainage&Utility Easement requested. The site is located at 4919 Essex Dr.
(Brookshire Lakes Subdivision Lot 42)and is zoned S1/Residence. Filed by Bruce Arick,owner.
Petitioner: Laura Arick,homeowner
• A drainage and utility easement runs along the entire backyard of our home and severely limits any enhancements
we can do in our backyard
• We want to replace and extend our deck and an outdoor fireplace 21' 4"into the drainage and utility easement
• Our HOA approved our project
• We received approvals from the Hamilton County Drainage Board and Board Public Works
Public Comments: None
Department Report: Angie Conn
• The Petitioner did receive approvals from the City Engineering Dept. and County Surveyor's Office
• Staff recommends approval of this variance request
Board Comments: Alan Potasnik
• I wouldn't of approve this if you hadn't received the proper approvals from the City and County. I will not go
against them.Understand,that if any of the utilities within the easement need to be accessed,they will need to
tear apart your deck. Laura Arick: We did sign a document stating if access was needed to the easements,any
damages done to our property,would be at the homeowner's expense.
Approved 1-0.
(V)Magnolia Building Height Variance.
The applicant seeks the following development standards variance approval:
5. Docket No.PZ-2021-00121 V UDO Section 2.36 Maximum 35' building height when
adjacent to single family residences allowed,36'-to 42' requested for condominiums. The site is located at
approximately 731 S. Rangeline Rd. and 726 Pawnee Rd. It is zoned C2/Mixed Use District. Filed by Rebecca
McGuckin of Old Town Companies.
Petitioner:Justin Moffett,Old Town Companies
• With me tonight are Rebecca McGuckin-Old Town Co.,and Henry Mestetsky and Larysa Glaspie of CRC
• We have a series of six condo buildings,facing City Center Drive and Pawnee Road. Several of the units will face
an interior drive that will be part of phase 2
• Each unit has a private garage in the lower level,2 units are on the 2nd level,2 units on the 3`d level,and the 4th
level steps back from the streetscape.
• The UDO allows the max height for a condo building adjacent to single-family residential to be 35'. The building
height is approximately 36' from the ground level to the top of the 3`d level. There will be different grades,
sidewalk heights,and elevations with retaining walls along these six buildings. It's possible for the some of the
buildings to be up to 42' in height.
• This project was already heard and approved by the Plan Commission Hearing Officer for ADLS review
Public Comments: None
Department Report: Angie Conn
• This project was approved by the PC HO and this is the only remaining variance to discuss
• Staff recommends positive consideration of this variance request
Board Comments: Alan Potasnik
• From a general standard viewpoint,can you tell much of a difference? Justin Moffett: It will be very minimal.
Approved 1-0.
BZA Hearing Officer Minutes 7-26-21 2