HIPC grants rare side setback variance on lot with 15-foot utility easement

Thursday, June 15, 2006

HOLIDAY ISLAND -- Problems with a utility easement hampering a building plan were finally resolved Friday in the Holiday Island Planning Commission (HIPC) for property owner Nile Carrothers.

Carrothers is acting as his own general contractor to build a 3,600-square-foot house at 63 Sailboat Drive. He first approached the commission on May 19, saying he had two different surveys, one which shows a 15-foot utility easement through the lot. He requested permission to build into the easement.

He was advised HIPC has no authority over utility easements and would have to seek waivers from the electric and phone companies before receiving a permit.

In Friday's meeting, Carrothers came in for the permit. He had received waivers from the electric company and the suburban improvement district.

"Carroll Electric gives me a 10-foot encroachment on a 15-foot easement," he said. "The telephone company is coming through. They told me it would not be a problem, but they are behind in getting a letter out."

Carrothers asked for a 2-foot variance to the side setback. HIPC rarely gives variances on the side.

He explained that the lot is actually 90 feet wide, when he thought he had 105 feet.

After specifying and approving that the variance will give him 6 feet on the south side and 7 feet on the north side, HIPC approved Permit #2115 for 270 days.

In another variance request, contractor Jeff Patterson requested a 10-foot variance to the front setback on a lot at 47 LaQuinta Loop.

Chairman Joe Schuler said they'd have to look at the adjacent house.

"We've been getting a lot of flack on a house on Indian Wells for a variance," Secretary Myrna Peterson said.

Commissioners confirmed the house next door had been granted a 5-foot variance on its front setback, so they agreed only to a 5-foot variance to Patterson.

In other business, HIPC:

* Approved a request by Bob Hughes via Peterson to fence his front yard at 3 Country Club Drive with three-strand monofilament wire to keep deer from his flowerbeds. HIPC approved the plan with a maximum height of 36 inches and that stakes be an "earthtone color."

* Released Permit #2114, which was approved but put on hold pending receipt of the electrical contractor's name and a road damage permit. Property owner Claudine Ray brought those in.

* Approved sending a letter to contractor Ken McCoy on a 30-day extension on Permit #2072 at 35 Sailboat Drive, set to expire June 14. McCoy will be required to pay an overdue fine to get another extension.

* Discussed construction that allegedly may extend beyond what was approved as a "pergola" on Holiday Island Drive. No action was taken.

The commission meets every Friday morning at 8:30 a.m. at its office in the Park Shopping Center at 1 Parkcliff Drive, Suite D. Permits and related requests are considered first, followed by other business.

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