Board of Adjustment Minutes 2007 07 18

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Board of Adjustment Meeting Minutes July 18, 2007 Page 2 of 5 ~ ACME Terrace LLC (553, 555 and 561 County Road) - a floodplain development permit to authorize development of a 14 unit town home development located at the southwest corner of Elm Street and County Road, otherwise known as 553,555 and 561 County Road. Case #07-013-FL . Applicant and Owner: ACME Terrace, LLC . Representative: Garrett Mundelein . Case Manager: Paul Wood, Planning Director Public Notice Verification: Schwertfeger noted the public hearing had originally been scheduled for the June 20, 2007 meeting date but during the final review of the application staff identified some outstanding issues that required a continuance to this meeting. Schwertfeger verified a new public notice was: published in the Daily Camera on July 8, 2007; posted in City Hall, the Public Library, the Recreation Center and the Courts and Police Building on July 6, 2007; mailed to surrounding property owners within 500 feet of the subject property on July 6, 2007; the property was posted with the required signage and the appropriate fees were paid. Stewart moved and Weise seconded a motion to accept the Public Notice Verification information as presented by staff. Motion passed by voice vote. Board Member Verification of site visits. ex lJarte contacts and conflicts of interest: Loeblich requested Board Member Verification of site visits, ex parte contacts and conflicts of interest for the variance request at 557 County Road. Loeblich, Stewart, Weise and Malmquist all stated they had done a site visit, had no contacts with the applicant and no conflict of interest. Loeblich discussed with the applicant the vote requirement for the approval of the variance. He stated that all 4 members present would need to vote in favor of the request. Loeblich asked the applicant if he was prepared to move forward with the hearing. The applicant, Garret Mundelein replied that he was ready to move forward. Staff Presentation of Facts and Issues: McCartney summarized the staff report with the following points: . Subject property is located at the southwest corner of Elm Street and County Road, also known as 553, 555 and 561 County Road. . The site is approximately 38,500 SF or .88 acres of land owned by Acme Terrace LLC. . The site currently has eight (8) mobile homes (constructed in the 1950's) and three small single family units on three (3) properties. . The applicant will be submitting for a PUD and Subdivision to redevelop and consolidate the three (3) properties into one (1) property for fourteen (14) townhome units in five (5) separate buildings. . The three (3) properties in question are located within the 100 year floodplain. . If the permit is approved then the applicant will submit to FEMA a LOMR-F proposal to remove the new townhouse units from the floodplain. . The FIRM map located the properties within Zone AH which is subject to flood water ponding (storage) of depths ranging from one (1) to three (3) feet. . The base flood elevation (BFE) of the property is 5,330 feet.