HomeMy WebLinkAboutMinutes HO 06-26-23 • Staff recommends positive consideration with the condition of final Cannel Engineering Dept. approval,and
with the adoption of the findings of fact submitted by the Petitioner.
Board Comments:Jim Hawkins
• Is the architectural review committee approval from the HOA?Angie Conn: It's an email that says
architectural review committee. Matt Harms: I received that email from the homeowner.
• We are not precedent setting. We can't control someone's greenspace.I can make sure the drainage will be
sufficient.
• I will approve this subject to approvals from the HOA, Engineering Dept. and Urban Forester
Approved 1-0 with the conditions: the Petitioner receives final approvals from the Carmel Engineering and
Urban Forestry Departments and submits Foster Estates HOA approval letter.
(V)Thrift Residence,Fence Height Variance.
The applicant seeks the following development standards variance approval:
7. Docket No. PZ-2023-00122 V UDO Section 5.09 Maximum 72"(6')side/rear fence height
allowed,90"(7.5')height requested. The site is located at 141 1st Ave NW(Henry Roberts Addition Lot 3).It is
zoned R4/Residence and Old Town Overlay Character Subarea. Filed by Matt Huffman of Old Town Design Group,
on behalf of Paul M Thrift Trustee Angie H Thrift Rev Trust.
Petitioner: Tim Tompkins,Old Town Design Group:
• They want to match and continue the exact fence height of the adjacent neighbor's yard
• We received a letter of support from the adjacent neighbor to the south
• We will match the look and materials of the existing fence of the neighbor
• This is a corner lot, so we have two front yards per the Cannel UDO
Public Comments: None
Department Report: Angie Conn:
• This request is for 1.5 ft for the fence height in the sideyard
• We received a support letter from the immediate neighbor
• The design, look,and height will be the same of the neighbor's existing fence
• Staff is supportive of this request with the adoption of the findings of fact
Board Comments:Jim Hawkins
• What will the fence height be at the elevation change?Tim Tompkins: The front yard fence will be 4-ft,this
will help screen the A/C unit.Our 1.5 ft increase variance request is where we will tie our fence into the
neighbor's fence,and that 90"fence will run along that side of the yard.
Approved 1-0,subject that the fence is no higher than the existing fence or 90".
(V)Fennerty Residence,Side Setback Variance.
The applicant seeks the following development standards variance approval:
8. Docket No. PZ-2023-00124 V UDO Section 2.04 Minimum 30' aggregate of side yards required; 27'
requested. The site is located at 1344 N. Claridge Way(Claridge Farm Subdivision,Lot 58).The site is zoned
S1/Residence. Filed by Michael and Megan Fennerty,owners.
Petitioner: Michael& Megan Fennerty:
• We are asking for the aggregate side yard to be 27' and not 30'
• We did receive approval from the City of Cannel,but they overlooked the aggregate total
• We received letters of support from our neighbors
• We are matching the design,brick,and colors of our existing home
• We were 75%done with the project before the City's Building Dept. notified us
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BZA Hearing Officer Minutes 6-26-23
Public Comments:
Brad Hardesty,N. Claridge Way:Neither for nor against this petition. This is precedent setting. We have other
homeowners who have attempted similar construction and were told to take it down. The covenants for our
neighborhood do not allow for additional buildouts.
Eric Messersmith,N. Claridge Way: I'm in favor.I serve on the HOA. Our covenants deal with freestanding
structures and the HOA ruled this is not a freestanding structure.The City issued their building permits and
overlooked this. It's not the homeowner's fault.They have done everything by rules.
Rebuttal to Public Comments: Michael& Megan Fennerty:
• We know of several additions allowed in our subdivision
• The bylaws allow for connected structures/additions,and the City of Cannel and the HOA architecture
reviewed board viewed it as a connected structure
Department Report: Angie Conn:
• They are seeking 3-ft variance from the total required aggregate
• They will match the existing colors of the home
• Staff is supportive of this request with the adoption of the findings of fact
Board Comments: None
Approved 1-0.
TABLED TO JULY 24-(SE)Kusel Short Term Residential Rental.
9. .
K, el
Meeting adjourned at 5:49 p.m.
Hawki s=Hearing Officer oe Shestak—Recording Secretary
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BZA Hearing Officer Minutes 6-26-23