HomeMy WebLinkAboutMinutes HO 05-22-23 (V)Nessem Accessory Building Variance.
The applicant seeks the following development standards variance approval:
3. Docket No. PZ-2023-00100 V. UDO Section 5.02(B)(3)—Additional 20'x 30' detached accessory structure
requested.The combined square footage of the ground floor area of garages and/or accessory buildings shall
not exceed 75% of the ground floor area of the principal building, 102% requested. The site is located at 511 E.
111th St. (College Heights Subdivision,Lot 76). It is zoned R3/Residence. Filed by Sheref Nessem,owner.
Petitioner: Sheref Nessem:
• I'm requesting to build a structure in my backyard to use for additional storage
Public Comments: None
Department Report: Angie Conn:
• Planning Staff has concerns about the use of this property, so we have Staff from Code Enforcement to talk about
the history of this property.
• If all the issues can be resolved, Staff recommends approval of this request
Brent Liggett,Cannel Building&Code Enforcement Dept.: I posted the Stop Work Order at this property.The property
owner started to build this accessory structure and didn't know he needed a building permit.I walked through this home
at the time and noticed this appears to be an office for a heating and cooling business. The property owner stated he plans
to move here at some point.I have concerns that this storage is all work related and we have a home occupation or use
violation with this structure. The property owner should file for a use variance for this property or come back at a later
date when he establishes full-time residence at this home.
Board Comments: Leah York
• When did Code Enforcement visit the property?Brett Liggett: March 2023.
• Does the Petitioner live here?Sheref Nessem:Not yet. I'm waiting for my kids to finish the school year.I use
one of the bedrooms and living room for an office.
• When did you purchase the property?Sheref Nessem: August 2021
• The zoning for this property is for residential use and not running a business.You are requesting this variance for
a storage building,but you are not even living on this property. I'm going to deny this request.You should request
a Use Variance if you want to use this property for your business.
Sheref Nessem: What are my options now for my accessory building structure?Angie Conn: You can appeal the
Hearing Officer's decision to the full BZA or request a Variance in front of the full BZA to use more than 15%of this
home for office use.
Denied 1-0.
(V) Chapman Residence Variances.
The applicant seeks the following development standards variance approvals for a building addition:
4. Docket No. PZ-2023-00101 V UDO Section 3.64(A)(5)—Garage Setback: All new garages shall be
attached to the principal building so that the front face of the garage is at least 15-ft further from the front lot
line than the primary front line of the principal building; Request to allow the new garage area to be in line
with front line of the home.
5. Docket No. PZ-2023-00102 V UDO Section Article 3.64(B)(5)—Roof Material: Shall be asphalt,wood or
slate shingles; Request to allow portions of the shed roof addition to be metal.
6. Docket No. PZ-2023-00103 V UDO Section Article 3.64(B)(4)—Roof Pitch: Shall have a minimum pitch
of 8:12; Request to allow the roof addition to have a 7:12 roof pitch to match existing.
The site is located at 241 1st Ave NW(in Henry Roberts Addition, Lot 7). It is zoned R4/Residence and Old Town
Overlay—Character Subarea. Filed by Jim Shinaver of Nelson&Frankenberger on behalf of Carl Chapman,owner.
Petitioner: Jim Shinaver:
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BZA Hearing Officer Minutes 5-22-23
• The homeowners are seeking to remodel their home.It has a lot of unique architecture characters.They don't
want to tear it down and would like to maintain the character of the home while requesting these three variances.
IPublic Comments: None
Department Report:Angie Conn:
• The design and exterior of building addition will complement what exists today.
• Tree preservation and additional landscape will be provided
• Staff is supportive of these variance requests and recommend approval with the adoption of the findings of fact
Board Comments: Leah York
• Does the design and metal type of the roof go through an approval process?Jim Shinaver: Yes,we will go
through the Site Design&Review(SDR)process with the Planning Department.
Approved 1-0.
TABLED TO JUNE 26-(V)Shurtz Inground Pool Variance.
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Meeting adjourned at 5:43 p.m.
L York— Hearin Officer it_
Shestak— Recording Secretary
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BZA Hearing Officer Minutes 5-22-23