Board of Zoning Appeals

Town Hall, November 14, 2006, 7:00 p.m.

Members present were Chair Bob Haines, Pat Aldred, Larry Gardner and Charles Lawson.  Member absent was Joe Curtsinger.  Staff present was Recorder Cindy Lancaster and Engineer Rich Woodroof.  Applicants Jim Howell and Donald Wheeler were in attendance.  Six citizens were present.


Chair Haines opened the meeting at 7:00 p.m. and led the Pledge of Allegiance.

Commissioner Aldred made a motion to approve the minutes from October 10, 2006, Commissioner Lawson seconded and this passed unanimously.

Chair Haines asked for citizen’s comment.  There were no comments from the audience.  Chair Haines proceeded to address the citizens on the Board of Zoning Appeals role and the procedures of this process.

Mr. Donald Wheeler identified himself as the property owner of 5012 Burke Trail.  Mr. and Mrs. Jim Howell identified themselves as the property owners of 5016 Burke Trail.

Engineer Woodroof stated that these are request that have been addressed previously by Newmark Homes.  He noted that this board had previously granted a variance for an 8 X 10 deck.  The homeowners are here tonight to request this to be enlarged.

Commissioner Gardner reiterated that this board had previously granted a variance.  Engineer Woodroof showed the board the final plat that was approved for Bent Creek.

Mr. Wheeler noted that he would like to increase his deck to 10 X 20.

Chair Haines noted that the important issue to him was to not grant a variance that would allow a deck to encroach into the neighbor’s property.  Engineer Woodroof stated that it would not go into the neighbor’s property.

Commissioner Gardner made a motion to allow this applicant to build a 10 X 20 deck, Commissioner Aldred seconded.

Commissioner Gardner asked the number of variances that were granted to the builder, Newmark.  Engineer Woodroof stated that three variances were granted.  Commissioner Gardner asked if this variance is granted, is there a possibility others will follow.  Engineer Woodroof stated that anyone can come before this board that has a request which deviates from the zoning ordinance.

Commissioner Lawson stated that he had viewed a deck and would like to request that the resident stay within the side of the home. He suggested that they build the deck over the steps.  Chair Haines stated that as long as they stay within the setbacks.

Commissioner Aldred stated that she does not see a problem with a deck being built due to the home backing up to open space.  A problem may arise when a resident’s home backs up to other homes.

Chair Haines restated the motion noting that the variance could be granted under Section 9.2.4 (d) of the ordinance.

The vote was taken with Chair Haines, Commissioner Aldred and Lawson for, Commissioner Gardner against.  The variance was granted by majority vote.

Commissioner Aldred made a motion to grant a variance for the property at 5016 Burke Trail to increase the deck size to 10 X 20, under Section 9.2.4 (d) of the ordinance.  Commissioner Lawson seconded.  The vote was taken with Chair Haines, Commissioner Aldred and Lawson for, Commissioner Gardner against.  The variance was granted by majority vote.

Engineer Woodroof noted that a building permit would have to be obtained prior to construction.

The owners thanked the board.

Chair Haines made a motion to adjourn, Commissioner Aldred seconded.  The meeting adjourned at 7:20.

Respectfully submitted,

Cindy Lancaster

Town Recorder