HomeMy WebLinkAbout10261995 ZBA Minutes (3)• ZONING BOARD OF ADJUSTMENT
MINUTES FROM OCTOBER 26,1995
SPECIAL SESSION
The Zoning Board of Adjustment came to order at 7:30 p.m. with the foliowing regular
members present: Chairman Sterling Minor, Vice Chairman Sue Porretto, Michael
Neal, and Frank Billings. Alternate Members present were Lee Huber and Ty Hutchins.
Present from the City were Dennis Holm, Chief Building Official and Susan Thorn,
Building Secretary.
The Board Members introduced themselves and procedures were explained.
No one was present for hearing of residents.
Notices were read and participants sworn in.
Frank Billings made a motion to approve the notices as posted, with Lee Huber
seconding and the vote for approval was unanimous. The voting members were:
Sterling Minor, Sue Porretto, Frank Billings, Michael Neal and Lee Huber.
The only case on the Docket was 95-13, a request for a Special Exception to the
• driveway pattern rule in order to locate a driveway differently and conserve a large
shared qualified tree.
Charles Kuck of Classic American Homes and a resident of 4120 Coleridge advised the
Board Members he is the owner of 4139 Coleridge. Mr. Kuck explained all the driveways
on the block were to the right except for 4139 Coleridge. There is a large shared Willow
Oak with a 36" diameter on the property line between the finro driveways. Mr. Kuck's
request is for a Special Exception to allow the new driveway on the same side as it
presently is, in order to preserve the tree. If he were required to locate the proposed
house as required by ordinance he would be building the house within three (3) feet of the
tree. Mr. Kuck said he would probably harm the tree or possibly even kill the tree if he
were to build that close to the tree. Helen Cornelius the next door neighbor planted the
tree and she shared his same view and had planned on attending this meeting. He
presented into evidence finro site plans illustrating the finro possible locations for the
driveway. One site plan illustrated the driveway following as dictated by the driveway
pattern rule and the second site plan illustrated the existing driveway location. Mr. Kuck
stated he felt he was caught between the Tree Preservation Ordinance and the Zoning
Ordinance driveway pattern rule.
Frank Billings asked how Mr. Kuck determined the critical root zone? Mr. Kuck explained
it is usually determined by the crown of the tree. Mr. Billings also asked if Mr Kuck were
• to locate the garage where the tree is now, would that effect the tree? Mr. Kuck stated in
most cases tree roots do not grow where there is a slab because of the lack of moisture;
however, this may not be the case because the present driveway is a strip driveway.
• He said he would leave the old existing driveway until they were ready to install the new
driveway in order to protect the tree during construction. He explained the new driveway
and garage will be higher and he would consult with the City's Urban Forester on how to
protect the tree.
Ms. Porretto asked if Mr. Kuck were allowed to leave the driveway on the same side would
there be any differences in the layout of the house, would Mr. Kuck gain anything or was
the tree Mr. Kuck's only concern?
Mr. Kuck stated he was also concerned about the roots effecting the foundation of the new
house. He has been told by a soils engineer that a tree this size attracts around a
hundred gallons of water a day; therefore, he would be forced to put in a root barrier to
protect the foundation.
Mr Billings asked Mr. Kuck if he would be willing to comply with any requirements of the
City's Urban Forester and Mr. Kuck said yes.
Mr. Minor asked Mr. Kuck why he felt the tree would stand a significant chance of dying in
one scenario and living in the other scenario? Mr. Kuck based his decision on his
conversations of Neslihan Tesno, the City's Urban Forester.
• No correspondence was received in favor.
The Chief Building Official Dennis Holm gave the City's point of view:
Mr. Holm explained the Zoning Ordinance requires a specific driveway pattern; however,
they are also bound by the Tree Ordinance where ever possible to preserve trees of this
magnitude. The only way to receive a Special Exception is through the Zoning Board of
Adjustment and the City agrees, that it needs to be done in order to preserve the tree. Mr.
Holm stated he had spoken with Ms. Tesno the Urban Forester and she told him the tree
would probably go into trauma and would last for a while but more than likely die.
No correspondence was received in opposition.
Frank Billings made a motion to close the evidentiary portion of the meeting, with Sue
Porretto seconding, and the vote for approval was unanimous. The voting members were:
Sterling Minor, Sue Porretto, Frank Billings, Michael Neal and Lee Huber.
After a brief discussion Sue Porretto made a motion to grant the Special Exception under
the condition the requirements of the City's Urban Forester were met with Frank Billings
seconding and the vote for approval was unanimous. Voting Members were Sterling
Minor, Sue Porretto, Frank Billings, Michael Neal and Lee Huber.
~ Frank Billings made a motion to adjourn the meeting with Sue Porretto seconding and the
vote for approval was unanimous. Voting Members were Sterling Minor, Sue Porretto,
• Frank Billings, Michael Neal and Lee Huber.
The meeting adjourned at 8:15 p.m.
CHAIRMAN
ATTEST:
SECRETARY
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