City Council Minutes 2012 04 03 - Laserfiche WebLink

Home Browse Search

City Council Meeting Minutes April 3, 2012 Page 8 of 14 Richard Lopez, 4450 Arapahoe, Boulder, CO, spoke as the attorney representing the applicant, Carmel Whittier. He explained this project should have gone forward as a dwelling unit, however, when the project was completed it went from a garage to a second story dwelling unit. One alternative was to move the garage and second story dwelling five feet at a cost of over$50,000 or to go before the Board of Adjustment. The Board of Adjustment could not make an exception and denied the request. After a lengthy review of her options, the applicant decided to apply for a minor subdivision plat and an amendment to the Parbois Place Planned Unit Development in order to take advantage of the setbacks. He explained the applicant proposes to sell her home on Front Street and move into the dwelling unit over the garage. Carmel Whittier, 533 County Road, Louisville, CO stated it was not her intent to build the garage on the wrong property. Her former husband started the project and left, requiring her to finish it. She was not aware of the setbacks at the time and had she known, she would have done it differently. She was told by the contractor and architecture she could build a second story. COUNCIL COMMENT Councilor Jasiak inquired if there was any discussion, during the permit process in 2007, relative to the addition being anything other than an accessory structure to the home. Planning Director Russ stated there was no discussion on the accessory structure being used as a dwelling unit because it is not allowed. PUBLIC COMMENT Michael Menaker, 1827 W. Choke Cherry Drive, Louisville, CO stated the blue prints were clearly stamped as an accessory structure and could not be used as a dwelling unit. He stated it is not a setback issue; it is about accessory structures used as dwelling units. The Board of Adjustment denied the request because the hardship was created by the applicant and not by the City. The Planning Commission was unanimous in their denial of this request because the accessory building approved through the permit process did not include a dwelling unit. COUNCIL COMMENTS Mayor Pro Tem Dalton stated the applicant wants to be included in the Parbois PUD, however there isn't any evidence the owners of the Parbois PUD have agreed to this. Planning Director Russ clarified the property owner/subdivider of the Parbois subdivision did agree and the agreement would be a part of this amendment, if authorized by the City. Councilor Keany stated the architectural plans were not a part of the City Council packet materials and therefore the Council does not see the footnotes. He felt that would have been helpful to see those drawings. He felt granting this request would set a precedent.