A regular meeting of the City of Washington Zoning Board of Appeals was called to order at 6:30 p.m. in the Training Room at Fire Station No. 1 by Chairman Mike Brownfield.

Present for Roll Call were Chairman Mike Brownfield and Board members Dick Rich, Lori Weston, Louis Milot and Doug Weston. Board member Steve Scott was absent.

Also present was Building and Zoning Supervisor Becky Holmes, Carol Moss, City Clerk/ZBA Secretary and petitioners Neil Naffziger, Peter Nichols and Michael Ruggles

Ms. Weston moved and Mr. Rich seconded to approve the minutes of the September 26, 2007 ZBA meeting, as presented. Motion carried unanimously by voice vote.

CASE NO. 102407-V-1 - request of Michael Ruggles and Melodye Buckingham, 116 Briar Lane, for a front yard variance for the construction of an addition to an attached garage. Ms. Weston moved and Mr. Milot seconded to approve the variance as requested. The public hearing to hear the variance request of Case No. 102407-V-1 was opened for comment at 6:30 p.m. B&Z Supervisor Holmes explained that the petitioners want to construct an addition to their single car garage which is attached to the house. The addition would be 18 feet from the front property line on the street that the principal structure does not face. This is a corner lot and consequently has two front yards and City Code requires a 25' front yard setback on both streets. The property is zoned R-1 and the petitioner may not be able to realize reasonable return on the property without the addition to the single car garage. There are unique circumstances because this is a corner lot, and the character of the neighborhood could be altered because the addition would encroach into the front yard setback on the Briar Court side. Staff recommendation was to deny the front yard variance request.

Mr. Ruggles stated that they have three vehicles and a single car garage, consequently they juggle vehicles all of the time. Cost to add a garage to the other end would be prohibitive. He asked that the Board grant the variance in order for an addition to be made to the existing garage. He stated that the biggest majority of the homes in his area have at least two stall garages and some even have three stall garages.

The public hearing was closed at 6:35 p.m.

Findings of Fact - application was made by the owners of the real estate at 119 Briar Lane; proper fees were paid; property is zoned R-1; the petitioner requests a front yard setback variance in order to construct an addition to an attached garage; a public hearing was held on Wednesday, October 24, 2207, proper notice was given; the property was posted; proof of publication was provided; there were no registered "interested parties"; all persons were given the opportunity to be heard; there were no objections to the granting of the variance; the property in question cannot yield a reasonable return because it only has a one car garage when most other homes in the area have at least a two stall garage; the plight of the owner is due to unique circumstances because it is a corner lot with two front yards; the variance if granted will not alter the essential character of the neighborhood because most other homes have two stall garages and some even have three stall garages.

On roll call on the motion to grant the variance the vote was: 
Ayes: 5 Doug Weston., Rich, Milot, Lori Weston, Brownfield 
Nays: 0 
Motion declared carried.

CASE NO. 102407-V-2 - rear yard variance request of Peter M. and Brian E. Nichols, 643 School Street for the construction of an addition to an existing structure. Mr. Rich moved and Ms. Weston seconded to approve Case No. 102407-V-1 as requested

A public hearing was opened for comment on this case at 6:37 p.m. B&Z Supervisor Holmes explained that the petitioners are requesting a 12' rear yard variance in order to construct an addition to the existing veterinary clinic. The property is zoned Ag-1 with a Special Use. The petitioners went before the Planning Commission on October 3 requesting an amendment to their existing Special Use in order to allow for the addition. The Planning Commission unanimously recommended approval of the requested Special Use amendment, and the City Council adopted an ordinance on October 15, 2007 amending the existing Special Use subject to the granting of a variance by the ZBA for the construction of the addition. The facility includes two buildings and a kennel area. The addition would be near the southeast corner of the property and would be used to supplement the veterinary clinic. The existing buildings are set back 18' from the rear property line and the petitioner is requesting to construct an addition and maintain the same building line. Staff recommends approval of the rear yard variance.

Mr. Nichols was asked if he had anything to add and stated he did not, all of the information has been very well covered.

The public hearing was closed at 6:38 p.m. 

Findings of Fact - application was made by the owners of the real estate located at 643 School St.; proper fees were paid; property is zoned AG-1 with a Special Use; the petitioners are requesting a variance in order to construct an addition to an existing structure; a public hearing was held on Wednesday, October 24, 2007; proper notice was given; property was posted; all persons at the hearing were given an opportunity to be heard; there were no objections to the granting of the variance; no interested parties had filed appearance forms; the property in question cannot yield a reasonable return because the space is needed to expand the business and there is no where else to expand to; plight of the owner is due to unique circumstances because there is no where else to expand; the variance, if granted, will not alter the essential character of the locality because other businesses have encroached into the required rear yard area and the addition will match the rest of the building.

On roll call on the motion to approve the variance the vote was: 
Ayes: 5 Milot, Doug Weston, Lori Weston, Rich, Brownfield 
Nays: 0 
Motion declared carried.

CASE NO. 102407-V-3 - Distance between structures variance request of Neil Naffziger, 311 Walnut Street, for the addition of a carport to an existing garage. Ms. Weston moved and Mr. Milot seconded to approve granting of the variance as requested. A public hearing was opened at 6:38 p.m. for the purpose of hearing a variance request of Neil Naffziger, 311 Walnut for a distance between structures variance for the construction of a carport onto the existing garage. B&Z Supervisor Holmes reported that the petitioner wishes to attach an 18 x 24 carport to the existing garage which has access off Pine Street. The existing garage is only four feet from the house and the addition will extend along the same line. Consequently, the petitioner is requesting a six foot distance between structures variance in order to add the carport. The property is zoned R-1 and is a corner lot with a frontage of sixty feet and a depth of one hundred feet. The property is narrow with a single lane driveway. Staff recommendation was to deny the request because reasonable return could be realized.

Mr. Naffziger stated that there will not be any sides on the carport, just a roof. Mr. Milot asked which of the two driveways was there first and Mr. Naffziger replied the one on Walnut St. Mr. Milot asked what material will be used for the construction of the carport and Mr. Naffziger replied it will be 4 x 4 construction with a flat roof. Chairman Brownfield asked about roof composition and Mr. Naffziger replied it will be rolled roofing. Mr. Weston asked if the roof will be pitched and Mr. Naffziger replied it will have just a slight slope to the eaves so water will run off. Mr. Weston asked where the water will drain and Mr. Naffziger replied down the drive. Mr. Milot asked if the garage is grandfathered in as far as distance between structures and B&Z Supervisor Holmes replied it is and that is how homes and garages were built years ago. She went on to say that fire personnel could still get through the area because the carport will not have any walls. Chairman Brownfield asked how many posts will be installed for the carport and Mr. Naffziger replied probably four.

The public hearing was closed at 6:44 p.m.

Findings of Fact - application was made by the property owner, proper fees were paid; property is zoned R-1; variance is requested in order to add a carport to an existing garage; a public hearing was held on October 24, 2007; proper notice was given and published; property was posted; at the public hearing all persons were given the opportunity to be heard; there were no objections to the granting of the variance; property in question cannot yield a reasonable return because it currently has a one car garage; plight of the owner is due to unique circumstances because the yard is small, lot is small and there is no where else to add additional covered parking; variance, if granted, will not alter the essential character of the neighborhood because other homes in the area have garages that are less than ten feet from the principal structure.

On roll call on the motion to grant the variance as requested the vote was: 
Ayes: 3 Doug Weston, Rich, Milot 
Nays: 2 Lori Weston, Brownfield 
Motion declared carried.

There was no additional business and at 6:46 p.m. Ms. Weston moved and Mr. Rich seconded to adjourn. Motion carried unanimously by voice vote.

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