A regular meeting of the City of Washington Zoning Board of Appeals was called to order at 6:30 p.m. in the Meeting Room at the Library - Five Points Washington, by Chairman Mike Brownfield.

Answering present for Roll Call were ZBA members Mike Brownfield, Dick Rich, Lori Weston, Louis Milot, Doug Weston and Steve Scott.

Also present was Building & Zoning Supervisor Becky Holmes, City Clerk/ZBA Secretary Carol Moss and the petitioner, Klynt Diefenderfer.

Ms. Weston moved and Mr. Rich seconded to approve the minutes of the November 28, 2007 ZBA meeting subject to the entry of Findings of Fact pertaining to' reasonable return' for both cases. 
On roll call the vote was: 
Ayes: 6 Milot, Scott, D. Weston, Rich, L Weston, Brownfield 
Nays: 0 
Motion declared carried.

A public hearing was opened for comment at 6:31 p.m. for the purpose of hearing Case No. 022708-V-1 and Case No 022708-V-2. Chairman Brownfield said that both cases will be heard at the same time because they pertain to the same matter and same property owner.

B&Z Supervisor Holmes stated that the variance requests of Klynt Diefenderfer, 405 Sterling are for a two and a half foot variance of the required distance between structures requirement, and a two foot rear yard variance. The property is a corner lot with a depth of eighty-five feet. Mr. Diefenderfer wishes to build a 24' x 38' garage to the rear of the house with access from Linden Street. He is requesting a distance between structures variance because of the shallow rear yard. The proposed placement of the garage will provide for eleven feet between the petitioner's garage and the neighboring structure. B&Z Supervisor Holmes went on to say that staff supports the variance requests because there currently is not a garage on the property, the corner lot has a shallow rear yard and the character of the neighborhood will not be altered because other structures in the area are closer to the property lines than the Code requires.

The petitioner stated that he has nothing to add other than he would like to have a garage for his vehicles because there has never been a garage on the property. Every other residence has a garage.

The public hearing was closed at 6:32 p.m.

Mr. Milot moved and Mr. Rich seconded to approve Case No. 022708-V-1 and 022708-V-2 as requested.

Lori Weston asked why not go farther north with the garage, and Mr. Diefenderfer replied if he goes farther north it will mean the trees will have to come out, and he wants to keep as much of his yard as possible.

Doug Weston asked if the wooden fence is on the property line. Mr. Diefenderfer replied it is. Doug Weston asked if the neighbor is good with the construction of the garage. Mr. Diefenderfer replied he has not talked to the neighbor, but his property is posted and City Clerk Moss indicated that a letter was sent to all adjoining and adjacent property owners about the variance requests. Doug Weston asked how many trees would interfere and Mr. Diefenderfer replied all three.

Mr. Milot asked if there are curbs in the subdivision and Mr. Diefenderfer replied there are not. Mr. Milot asked if this will be a standard size garage and Mr. Diefenderfer replied it will.

Discussion was opened regarding an attached garage and B&Z Supervisor Holmes noted that if the garage were attached to the house, then the petitioner would need a twenty foot rear yard.

Findings of Fact - Application for the variances were made by the owner of the real estate located at 405 Sterling; proper fees were paid; property is zoned R-1; the applicants is requesting the variances in order to construct a garage; a public hearing was held on Wednesday, February 27, 2008; there was no audience present; all persons were given the opportunity to be heard; there were no objections to the granting of the variances; the property was posted; notice was provided to adjacent and adjoining property owners; the City Clerk provided proof of publication of notice of the public hearings; there were no Appearance Forms filed; the property cannot yield reasonable return because it currently does not have a garage of any kind; plight of owner is due to unique circumstances because the lot is a corner lot with a shallow rear yard, and there is not a garage on the property at all; the character of the neighborhood would not be altered because all other homes in the area have garages.

On roll call on the motion to approve Case No. 022708-V-1 and Case No. 022708-V-2, distance between structures variance and rear yard setback variance request of Klynt Diefenderfer, 405 Sterling for the construction of a detached garage, the vote was: 
Ayes: 6 Lori Weston, Scott, Doug Weston, Rich, Milot, Brownfield 
Nays: 0
Motion declared carried. 

There were not further items for discussion and at 6:34 p.m. Lori Weston moved and Doug Weston seconded to adjourn. Motion carried unanimously by voice vote.

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