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HIPC considers setback variance on a golf course lot By Kathryn Lucariello, Holiday Island editorHow rigid is the rear setback requirement for Holiday Island homes built adjacent to a golf course? It depends. The Holiday Island Planning Commission (HIPC) postponed making a decision Friday when property owner Ed Robertson requested a variance on the back setback to his home at 19 LaQuinta Loop. Robertson told the commission he wants to tear down an existing deck and build a new deck. There's just one problem: the new deck will certainly require a variance on the back setback. His home is situated near the 16th tee box. Rear setbacks for homes on a golf course are a minimum of 25 feet, as set by the covenants for the various units. Robertson's existing house and deck are on that line now. Commissioners were reticent to grant a variance, especially with Friday's absence of Chairman Joe Schuler, who has in the past taken a strong stand against exceptions to this covenant rule. "You can pour a patio right up to the property line, but not a deck," said Commissioner Frank Smith. "(A deck) is considered a structure." Commissioner Kevin Crosson pulled examples of plot plans out of HIPC files that show several homes with decks on the golf course that encroach into the required setback. One woman on Holiday Island Drive was given a setback variance of 10 feet for her deck. Commissioners admitted some of the decks were built without commission approval. A permit is not required for decks, but commission approval is. "I could modify my plan to go 16 feet," Robertson said. "It looks terrible back there now. This would beautify it." Commissioners discussed the seemingly contradictory rules of being able to construct a concrete patio up to the property line, but not a deck. "There's no logic to that, as far as I'm concerned," Crosson said. "And I can walk you around the golf course and show you decks that are within that 25 feet.... I think a precedent has been established, but we need to think about this some more." Robertson returned to the aesthetic appeal in his argument. "I think you should look at whether it is an enhancement or a detriment," he said. He also asked what the commission's authority is with regard to changing the covenants. HIPC's mandate is to uphold and enforce the covenants, but it also has the authority to make exceptions on a case-by-case basis. The covenants can only be changed by the property owners themselves. Most units require at least a 51-percent approval or in some cases, 75 percent, to make changes. Robertson said he also would consider changing his plan to request a 5-foot variance. Commissioner Myrna Peterson said she would not be in favor of granting a variance. Citing the home on Holiday Island Drive, she said there were many phone calls from upset neighbors about that deck. Robertson said he would have a high-quality deck, with a solid supporting wall and not lattice-work. "It will be stained and look a whole lot better than it does now," he said. "... It'll have eye appeal from the golf course." "Eye appeal is a matter of opinion," Peterson replied. Commissioners agreed to postpone the decision until Schuler's return. Robertson said he would redraw the plan and resubmit it at the next meeting. In other business, HIPC: Approved Permit #1986 for 150 days to builder Scott Worley to build a 1,500-square-foot home at 19 Indian Wells Drive. Approved enlarging an existing deck for property owner Roger Martin at 148 Valley Drive. Approved Permit #1987 for 210 days to builder Tom Prinz to construct a 3,200-square-foot home with a 10-foot variance on the front setback for property owners Walter and Joan Kratzer at 59 Sailboat Drive. Approved a 30-day extension to builder Kenneth Robertson of Stout Construction on Permit #1965 at 72 Shields Spur for property owners Don and Vicki VanderHorn. Spoke with property owner Kevin McMeen further about his two lots on Venus Avenue. He wants to place a temporary ramp crossing a runoff creek on his property to be able either to place a mobile home or build a house. Commissioners said they would prefer he not cut down trees in his project. He also said he will not dam up the creek. Most unit covenants prohibit damming up natural drainage areas. McMeen will return for a permit at a later date. Spoke with developer Tom Dees about the square footage requirements for single family dwellings that are built in units zoned R2, R3, C1 and C2. Square-footage requirements were written into covenants for those units based on assumptions of structures conforming to zoned usages and do not specify exceptions for single-family dwellings. However, the word "dwelling" is used in the description. Instructed Building Inspector Red Perkins to contact Daniel Henderson of United-Bilt Homes about his new home construction at 13 Woodview Lane. His permit was issued Jan. 23 to build a 1,310-square-foot home for property owner Tom Arnall. Commissioners noted he may need an extension and are requesting he come to the next meeting to discuss the project. The commission meets every Friday morning at 8:30 a.m. in the Park next to Wade Williams' office at Holiday Island. Requests are considered on a first-come, first-served basis.
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