HomeMy WebLinkAbout2022-09-14 BOA Meeting MinutesTHE CITY OF
Anna
MINUTES
BOARD OF ADJUSTMENT
September 14, 2022
The Board of Adjustment of the City of Anna met September 14, 2022, at 6:30 p.m. at the Anna
City Hall Development Services Conference Room, located at 120 W Seventh Street, to consider
the following items.
1. Call to Order, Roll Call and Establishment of Quorum.
The meeting was called to order at 6:33 p.m. by Chairman Jon Hendricks.
Members present:
Place I —Jon Hendricks — Chairman, Place 2 — Robert "Bob " Hallberg, Place 3 — Greg Williams,
Place 4 — Choya Morrison, Place 5 — Tony Bellefond
Staff present:
Mr. Ross Altobelli, Director of Development Services
Mr. Nader Jeri, Building Official
Mrs. Salem Tittle, Planner 11
Mr. Bret Wilkinson, Plans Examiner
Property Owners present:
Mrs. TracyJagerrky and children
2. Invocation and Pledge of Allegiance
Mrs. Choya Morrison gave the invocation. All who were present gave the Pledge of Allegiance.
3. Neighbor Comments
Member Greg Williams asked if there were any neighbor comments. There were no comments
received.
4. Conduct Public to consider a variance request at 205 Hardwood Trail (The Villages of
Hurricane Creek, Phase I, Block C, Lot 14) for a variance pertaining to the required fence setback
of the side yard along a street for a key lot.
Chairman Jon Hendricks opened public hearing at 6:39 p.m. Member Greg Williams read the
reason for Board meeting.
Mr. Ross Altobelli, Director of Development Services, provided a brief description of the fence
setback for key lots. The information provided explained how fences on corner lots with backyards
which are adjacent to the next property's side yard require that fencing cannot exceed past the
property setback boundary. Member Robert Hallberg asked how long the fence requirement had
been part of the code, and Mr. Altobelli advised that the key lot fence ordinance has been in effect
for three years. Mr. Altobelli stated that because the property owner was not the actual property
owner at this time (pending completion ofproperty construction by the builder), he advised that it
was determined there is an unnecessary hardship and that due to the adjacent lot's driveway
location which is not abutted to the 205 Hardwood Trail rear property boundary, the request
would not affect the line of sight of the adjacent property.
The Board Members held a discussion and requested additional information from the Director of
Development Services and Building Official regarding the following:
1) How long has the fence requirement for key lots been in the ordinance?
2) How were the fence plans approved if they were not in compliance with the ordinance?
Member Robert Hallberg advised he drove through The Villages of Hurricane Creek andfound
five key lots with only one in compliance, as well finding six key lots within West Crossing and
none of them complying with the ordinance. Mr. Ross Altobelli explained that the ordinance had
been in effect since he started with the City of Anna three years ago. Mr. Altobelli advised that
West Crossing had requested through planned development for a standards modification
regarding their key lots to not follow current key lot fence ordinance, but The Villages of Hurricane
Creek did not.
Mr. Ross Altobelli advised that the plans were approved as the orientation of the adjacent lot was
not known prior to approving the key lot fence permit. Mr. Altobelli advised that safeguards would
be utilized in the future to make the builder aware ofthis issue reoccurring in future developments.
Board Member Tony Bellefond questioned since the property owners did not currently own the
property, that the builder be responsible for putting the fence in compliance. Mr. Altobelli stated
that the home builder was awaiting the decision of the Board ofAdjustments before relocating the
fence.
Consider and act on variance request regarding 205 Hardwood Trail (The Villages of Hurricane
Creek, Phase I, Block C, Lot 14) pertaining to the required fence setback of the side yard along a
street for a key lot.
Mr. Jon Hendricks stated that the permit was already approved and that even though the fence was
not currently in compliance, the builder is acting in good faith to relocate the fence is required
based on the Board of Adjustment decision.
Board Actions:
A motion was made by Tony Bellefond to grant a variance and seconded by Choya Morrison.
Vote on Motion/Roll Call
Ayes:
Place 1— Jon Hendricks — Chairman, Place 2 — Robert "Bob " Hallberg, Place 3 — Greg Williams,
Place 4 — Choya Morrison, Place 5 — Tony Bellefond
Nays:
None
Motion passed by a vote of 5 Ayes and 0 Nays.
5. Adjourn
A motion was made by Greg Williams to adjourn the meeting The vote was unanimous. The Board
of Adjustment meeting was adjourned at 6:56 p.m.
Jon Hendricks
Board of Adjustment Chairman
Attest:
Nader Jeri
Building Official