NEWBERRY ‒ On Oct. 24 the Newberry Board of Adjustment considered and approved three issues in quasi-judicial public hearings.

A Special Exception for a Small-Scale Rural Subdivision for the Lakota development was unanimously approved. The 45.53 +/- acre site located at 17512 S.W. 15th Avenue, northwest of the intersection of Southwest 15th Avenue and Southwest 170th Street, is in the Agricultural (A) zoning district.

Small-Scale Rural Subdivisions permit the subdivision of land at a density of one dwelling unit per two acres, greater than the standard one dwelling per five acres allowed in the Agricultural zoning classification.

The property owner proposes 15 lots of an average density of one unit per three acres and lots ranging from two to four acres. Access is provided on Southwest 15th Avenue and the privately-owned access driveway will be built to City standards. Perpetual maintenance of this access driveway will be the responsibility of the Lakota Subdivision homeowner’s association (HOA).

A platted 50-foot undisturbed buffer exists along the southern plat limit abutting Southwest 15th Avenue and a 25-foot perimeter undisturbed buffer is provided along the remaining plat limits. The property owner is voluntarily providing a 40-foot undisturbed buffer along the western plat limits encumbering Lots Five – Eight, which has been made a condition of approval for the companion Preliminary Plat petition (SD 22-04) at the request of the owner.

The property will be serviced by Clay Electric and potable and wastewater services will be provided on-site through well and septic systems.

North of the Lakota property is the recently approved Barrington subdivision. While Barrington also provides for lot sizes less than that permitted by the Agricultural (A) zoning district, it was approved prior to the City’s adoption and implementation of the Small-Scale Rural Subdivision regulations. Barrington cannot be considered a Small-Scale Rural Subdivision under the rules by which it was approved. As required by the Land Development Regulations, a HOA will be established.

In a separate matter, a petition for a variance to allow a pool in the side yard of a property within the Newberry Place Planned Residential Development was also approved in a 3 – 1 vote with Board Member Monty Farnsworth casting the dissenting vote.

Property owner Wilfredo Gonzalez Valentin requested a variance to “Accessory uses and structures” of the City’s ordinances to allow an in-ground pool in the side yard of a developed single-family lot. The property is located at 649 S.W. 242nd Terrace in a Planned Residential Development zoning district and has a future land use designation of Residential Low Density of four dwelling units per acre.

The property is Lot 87, which is located on the corner of Southwest 6th Place and Southwest 242nd Terrace. This street corner incorporates a cul-de-sac-like turnaround into the design of the street corner. Due to the location of Lot 87 and the design of the street corner, the lot’s corners are not right-angles or comparable to a typical interior lot within the same subdivision. When considering lot shape, typical house size and the required 20-foot front yard and 15-foot rear yard setbacks, the footprint of the home fills the buildable area of the lot and does not leave sufficient room in the rear yard for a pool. The owner is requesting a variance to place an in-ground pool within the side yard.

“The owner has demonstrated a unique hardship that is not self-imposed,” said Planning and Economic Development Director Bryan Thomas. “Pools are an amenity commonly enjoyed by other residents within the same subdivision. However, a majority of the pools are located on interior lots with right-angled corners and sufficient rear yards,” said Thomas. Thomas said that granting this variance would not negatively impact the public health, safety or welfare.

A third petition was also a variance request related to pool construction. The petition was by property owners Jacob D. and Gilberto M. Gonzalez-Welker for a variance to allow an eight-foot encroachment into the required 10-foot rear yard setback. This property is located at 24647 S.W. 21st Circle, Lot 128 in CountryWay at Newberry, Phase 3, on the interior of the arc of Southwest 21st Circle. The site-built home is of a common size within the subdivision and has a covered porch in the rear yard. Due to the lot being located on the southern interior arc of the bend of Southwest 21 Circle, the lot has an unusually large street frontage and a significant portion of the lot is dedicated to the front yard setback. The atypical lot shape required the developer to place the building footprint further into the rear corner of the lot. The lot is pie-shaped and encumbered by a 20-foot front yard setback. While it was always the intent of the owner to construct a pool, the form boards for the foundation were placed too close to the rear yard. This error did not leave sufficient area to place a pool in the rear yard.

“When also considering the lot shape, depth and location, standard size of the home and the required 20-foot front yard and 10-foot rear yard setbacks, the owners adequately demonstrate a hardship that was not self-imposed,” said Newberry Principal Planner Jean-Paul Perez. “Furthermore, pools are an amenity commonly enjoyed by other residents of the neighborhood.”

This item was unanimously approved with the setback at five feet from the fence line for the pool water edge, not including the decking.

#     #     #

Email cwalker@