99-95 REVERSING A DECISION OF THE ZONING BOARD OF APPEALS - 3770 RICHLAND DRIVE

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Public Meeting Several of the neighbors contacted staff regarding a meeting of the neighbors about the proposed variance. City staff agreed to be present at the meeting to answer questions and take any concerns regarding the proposed variance. The meeting was held at 5:30 p,m., August 25, 1999, at the intersection of Richland and Sunnyside. Staff members Matt Newell, M�Forgey and Dane Bragg were present. A simulation of the fence at the intersection was made and the traffic engineer reviewed the situation. Several neighbors were given the opportunity to observe the fence simulation from a car pulled up to the intersection. Most residents represented that they were able to see adequately at the intersection. Upon further concern expressed by residents of the Richland Heights Addition regarding tra.ffic along Sunnyside Road, staff explained that tra.ffic was a separate issue and not related to the petitioner's swimming pool. Residents were urged to petition the Parking and Trai�ic Commission to remedy any traffic problems occurring on Sunnyside Road. Several complaints were made about the speed of cars traveling on Sunnyside. � Stat�Review II'i Staff then reviewed the proposed variance on its face. Given that the property owner in this situation had three front yard setbacks (Sunnyside Road, Richland Drive and Columbia Court) and little rear yard, there was very little the owner could do in terms of building, etc., on the lot. Staff also asked the petitioner if the pool could be placed on the opposite corner of Richland and Columbia. The petitioner responded that the odd shape of the other corner made the construction of a pool at that location infeasible. Staff concluded that the property owner had clearly incurred a hardship imposed by the Zoning Ordinance. Staff also reviewed the petition with the traffic engineer to ensure that there were no safety issues or threats posed by the granting of the proposed variance. Engineering concurred that the establishment of a six-foot privacy fence at the intersection, outside of the Vision Clearance Area, did not pose a threat to public safety at the intersection. Staff recommended approval of the variance as submitted. ZBA Hearing When the petition went to the Zoning Board of Appeals on September 9, 1999, the Board was divided on their initial vote. There were four members present, two voting yes and two voting no. The petitioner then stated that he would be erecting the fence regardless of the Board's decision, which he was within his legal rights to do. The Board then changed its vote to four voting yes and no members voting against. They were of the opinion that the fence was beyond their control. Because there were only four Board members present, the right to protest the Board's decision within 10 days was explained to everyone in the room. Citizen Protest and Traf�'ic Concerns At this point, the fence has been constructed at the intersection of Richland and Sunnyside. A petition, dated August 18, 1999, against the granting of a variance was presented to city staff on September 14, 1999, five days after the ZBA hearing. Protests of the Board's decision were received by the City Clerk's office on September 16 and 17, 1999.