September 10, 2012 Planning Commission Meeting Minutes

Meeting Archive

Regular meeting: September 10, 2012

A meeting of the Village of Riverlea Planning Commission was held September 10, 2012 at 5830 Falmouth Court. Members present were Michael Jones (Planning Commissioner), Jo Ann Bierman, Bryce E. Jacob, Donald P. McCarthy and Lisa J. Morris. Also present were Chad Lowe, Rodney Arcaro and Debbie Dalton. Pamela M. Colwell served as Clerk. The Planning Commissioner called the meeting to order at 7:00 pm.

1. The minutes of the Planning Commission meeting of of August 13, 2012 , 2012 were not read since each member had received a copy. Morris moved and Bierman seconded the motion that the minutes be approved as submitted by the Clerk-Treasurer. The following vote was recorded on the motion: Yea, 5, Bierman, Jacob, McCarthy, Morris and Jones: Nay, None. The Motion carried 5-0.
2. An application for a Certificate of Appropriateness and Variance by Premier Living Homes for the property owners Chad and Nikki Lowe to build a new single family home on parcel no. 253-002751-00 (now known as 5819 Pioneers Court). Chad Lowe and Rodney Arcaro (builder) made the presentation. A white 48″ high fence will run along the property line from the west corner of the patio on the south side to the rear, along the rear property line and along the north side from the rear to end at the neighbor’s fence. There will be no gates. The house will have white trim and gutters, cape cod gray shingle and horizontal siding, brown front door, white garage door and white windows. The Planning Commissioner was not in favor of the brick portion of front porch post. Chad Lowe explained that it matched the brick fireplace on the other side of the house.

   A variance was requested for the south side of the house for the house fireplace, patio with fireplace and pergola. The setback is 10 feet and the patio/fireplace is 5 feet from the property line. The Planning Commissioner explained that the house next door was less than 5 feet from the property line, which made the patio very close to the neighbor’s home. Lowe provided evidence of similar variances given. The Commission explained that those variances were given to existing homes where there were no other options but since this was not built yet they felt Lowe had other options. Also, they were concerned about noise bothering the neighbor since this would be an entertaining area. Lowe did not want to change the design since he had made the patio a focal point. The Commission explained that this was not about aesthetics but the law requiring a ten foot setback. They did not make the laws but were obligated to uphold them. Other design options were discussed. The house fireplace may be moved into the house to avoid a variance. McCarthy moved and Jacob seconded the motion to approve the variance as submitted. Debbie Dalton, who lives next door on the north side, said this home added value and wanted the Commission to consider approving the variance. The following vote was recorded on the motion: Yea, None: Nay, 5, Bierman, Jacob, McCarthy, Morris and Jones. The motion failed 0-5. The Planning Commissioner explained that they could appeal to Council.

   The Commission said they like the house design except for the parts in the setback. Lowe asked the Commission if there were any other issues with the design and they said no. He will look into design changes that would not require a variance. Jacob moved and Morris seconded the motion to table the certificate of appropriateness application. The following vote was recorded on the motion: Yea, 5, Bierman, Jacob, McCarthy, Morris and Jones: Nay, None. The Motion carried 5-0.

The Commission took no additional action. Bierman moved and Jacob seconded a motion to adjourn. The motion was approved unanimously. The meeting was adjourned at 8:00 pm.