Frasier ZBA approves variance for 3,120 sq ft pole barn at 33710 Mulvey Road with engineering conditions

The Frasier Zoning Board of Appeals voted to grant a variance for property at 33710 Mulvey Road, approving a pole-barn-style accessory building that exceeds the city's size and height limits.

At a special meeting opened by Chairman Farina, planner Don Comer described the applicant's request: a 40-by-60 foot pole barn with a 12-by-60 foot covered porch, shown at 3,120 square feet, to be sited on a 1.4-acre lot. Comer said the principal residence on the parcel is 1,437 square feet and that the requested accessory size would therefore exceed the typical two-thirds-of-residence limit by about 2,157 square feet. The requested height variance would increase the allowable average building height from 15 feet to 20 feet based on standard gabled-roof averaging. Planning staff recommended approval, citing the lot's exceptional depth and lot size compared with nearby parcels and noting that the site as presented meets setback requirements and is outside the FEMA floodplain impacts for the proposed building location.

Members of the public, including adjacent property owner Benjamin Carter and longtime resident Paul Badeck, asked for clearer technical drawings and questioned whether allowing a structure of this size would set a precedent. Badeck noted he previously obtained a smaller accessory structure approval and said he was concerned by the scale of the proposed barn relative to the dwelling and nearby lots. A neighbor raised concerns about runoff and whether stormwater from the proposed driveway could adversely affect an adjacent apartment building; Comer said the board was deciding only on the height and area variances and that the city engineer would review driveway surfacing, grading, curb cuts and runoff as part of permitting.

At the board's motion, Member Burley moved to approve the variance from section 32-121 to permit the 5-foot height increase (from 15 to 20 feet) and the larger accessory area (3,120 sq ft) with a condition that grading be acceptable to the city engineer. Chairman Farina and the board added conditions requiring the applicant to obtain all required building and engineering permits, that the driveway surface meet the city engineer's requirements (which may require paving), and that attic trusses not be load-bearing. City attorney Alyssa Erickson recommended including standard compliance language for codes and permits.

The clerk recorded a roll-call vote: Burley — yes; Schimenti — yes; Farina — yes; Green — no; Menendez — yes; Stasic — yes; Wall — yes. The motion passed and the variance was approved with the stated conditions. Planning staff and the applicant still must complete engineering and building-permit review before construction can proceed.

What happens next: The approval is limited to the variances granted. The applicant must submit permit drawings and satisfy the city engineer's review of grading and driveway surfacing; building-permit review will address egress, non-habitable use restrictions, load-bearing conditions, and other code compliance matters.

Quotes (selected) "Therefore, we are recommending approval of the variance" 'Planner Don Comer, summarizing planning's recommendation.

"I just feel that, if you guys approve it, you prove it." 'Paul Badeck, longtime Mulvey Road resident, questioning precedent for large accessory structures.

"That would include any concerns from engineering in terms of the driveway being gravel, or having to otherwise be required to be paved or of a hard surface." 'Alyssa Erickson, city attorney, urging standard permit/engineering conditions.

Ending: The board adjourned after the vote; staff will track permit submittal and engineering review before the project may proceed.