The City of Opelika Zoning Board of Adjustments held its regular monthly meeting on April 13, 2010 in the Public Works Conference Room located at the Public Works Facility, 700 Fox Trail. Certified letters were mailed out to all adjacent property owners for related issues.
MEMBERS PRESENT: Anne Grady, Shirley Flora, George Dyar, John Frederick, Wilbert Payne
MEMBERS ABSENT: Arturo Menefee
STAFF PRESENT: Martin Ogren, Assistant Planning Director
CALL TO ORDER: Chairman Dyar called the meeting to order at 9:00 a.m.
Chairman Dyar stated that if there were no additions or corrections to the minutes for the month of January 12, 2010 he would like to entertain a motion to accept the minutes as written.
Mr. Payne made a motion to accept the January 12, 2010 minutes as written
Mr. Payne seconded the motion.
Ayes: Payne, Frederick, Dyar, Flora, Grady
The motion to accept the minutes as written passed.
1. Reggie Smith, 1104 Chandler Avenue, Accessory building to exceed the maximum 40% allowed
Mr. Reggie Smith stated that thrifty buildings delayed in ordering the size of the building I needed. I had the slab prepared. Since that time I moved to Oak Bowery. At the time the only people that could sell the building in the size that I needed where from Georgia.
Since that time we have more selections of building dealers that now sell that building that I need. The slab is an eye sore and a safety hazard. I do not want to be an eye sore to the neighborhood with my cars projects. At the time I had the slab built the 40% ordinance was not existing.
Mr. Ogren reported the applicant is requesting a variance from the maximum square feet allowed for an accessory building(s) on a residential lot. According to the Zoning Ordinance, a resident is allowed a square foot area up to 40% of the existing home for an accessory building(s). In this case, the applicant is allowed 532 square feet for accessory buildings; the applicant is requesting 870 square feet. The applicant’s home is 1,332 square feet (37’ x 36’). Therefore, the maximum square footage of all accessory buildings should not exceed 532 square feet (1332 x 40% = 532). The applicant is requesting a 338 square foot variance.
In 1998, the applicant poured a 25’ x 30’ concrete slab to build a two car garage. However, the applicant did not construct the garage and a 25’ x 30’ slab exists in the rear yard. Now the applicant desires to build the garage. In 2002 an amendment to the Zoning Ordinance was approved to limit accessory buildings on residential lots to 40% of the area of the existing home. The construction of the garage on the existing slab would violate this ordinance.
The slab was constructed prior to the ordinance that limits accessory...