HomeMy WebLinkAbout24-150 - ADMIN Resolution - City Council - 2024/11/18Resolution No. 24-150
Upholding Board of Zoning Appeals decision
denying appeal of Fred and Julia Ramos
Whereas, on July 2, 2024, Gary Morrison, zoning administrator, measured the proposed
location of the basketball hoop, and determined that the hoop will be located approximately
five feet, 10 inches from the side lot line. Morrison determined that this proposed location
exceeds the five foot minimum yard requirement, and therefore meets the minimum code
requirements; and
Whereas, city code section 36-30 allows a staff determination to be appealed if the
appeal is submitted within 20 days of the staff determination. The 20-day appeal period expired
on July 22, 2024. Fred Ramos hand delivered the appeal to the city on July 22, 2024, therefore,
the appeal was timely received; and
Whereas, the appeal came on for public hearing before the Board of Zoning Appeals on
August 21, 2024. The Board of Zoning Appeals (BOZA) upheld staff’s determination, and a
Resolution denying the appeal was adopted by the BOZA.
Whereas, city code section 36-30(d) allows a BOZA decision to be appealed to the city
council if the appeal is submitted within 10 days of the staff determination. The ten (10) day
appeal period expired on September 3, 2024. The deadline was automatically extended to
September 3, 2024 due to the ten (10) day deadline ending on a holiday weekend. The appeal
was received on September 3, 2024; therefore, the appeal was timely received; and
FINDINGS
1. In 2023, Ross and Lily Moeding installed a basketball hoop at the edge of their
driveway in their side yard.
2. On or about May 30, 2024, Fred Ramos inquired about the basketball hoop and
whether or not it meets city code.
3. On July 2, 2024, city zoning administrator, Gary Morrison, met with Ross and Lily
Moeding at 3330 Huntington Ave S to measure the setback of the basketball hoop as it existed
at that time and determined that it did not meet the minimum five foot side yard setback
required. He also measured the proposed location identified by a stake placed by Ross Moeding
and determined that the proposed location would place the closest part of the basketball hoop
structure, which would be the adjustment handle located on the backside of the pole,
approximately five feet, ten inches from the side lot line, and would therefore meet the
minimum code requirement of five feet.
Docusign Envelope ID: C7A5D17E-FD33-47F9-98E8-C891C32328F6
4. Fred Ramos appealed the zoning administrator’s determination that the
proposed location of the basketball hoop meets the setback requirements.
5. Fred and Julia Ramos live at 3320 Huntington Ave S.
6. Ross and Lily Moeding live at 3330 Huntington Ave S.
7. The Board of Zoning Appeals (BOZA) conducted a hearing on the Appeal on
August 21, 2024.
8. City code section 36-162(d)(1)h requires sport courts and play structures to meet
the same side yard as is required for the principal structure. 3330 Huntington Ave S is zoned R-2
single-family residence, which requires a five foot minimum side yard.
DECISION
Now, therefore, be it resolved that the appeal of Fred and Julia Ramos is denied. The
BOZA determination to uphold the administrative decision that the required setback for sport
courts and play structures is measured to the structure is affirmed.
Reviewed for administration: Adopted by the city council November 18, 2024:
Kim Keller, city manager Nadia Mohamed, mayor
Attest:
Melissa Kennedy, city clerk
Docusign Envelope ID: C7A5D17E-FD33-47F9-98E8-C891C32328F6