Board of Adjustment Minutes 2007 04 18

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Board of Adjustment Meeting Minutes April 10, 2007 Page 2 of 6 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 563 W. Cedar Place. Loeblich, Kelly, Cordell and Chancellor 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 replied that he was ready to move forward. Kelly requested clarification regarding the appeal process that is available to the applicant if the variance is not approved. Chancellor stated the applicant could appeal to the District Court. Loeblich confirmed with the applicant his desire to move forward with the hearing. Gratz stated he wanted to move forward with the hearing. Staff Presentation of Facts and Issues: McCartney presented the following: . Type of variance request: a reduction in the rear yard setback requirement from 25 feet to approximately 18.5 feet. . Property is zoned Residential Low Density (RL). . Lot is 78 feet by 112 feet or approximately 8,736 SF in area. . RL zoning has a 30% lot coverage requirement which would allow the lot to have 2,621 SF covered. . The lot coverage, with the expanded deck, would cover a total of 2,563 SF. . The intent of the proposed request is to allow the applicant further privacy in the backyard, The property abuts open space and the primary access point to the open space is located adjacent to and on the west side of the property. The use of the trail access by the public diminishes the use of the current deck. . A review of the Improvement Location Certificate (ILC) by staff noted that even though the property is deep (112 feet), the house was placed 40.5 feet from the front property line where a 25 foot setback is required. If the house had been located at the 25 foot setback there would not be the need for a variance request. Staff continued with a review of the six criteria required for a variance: 1) Unique physical circumstances - The existing home is located 40.5 feet from West Cedar Place instead of the requested 25 foot setback. Staff believes that the location of the existing structure is part of establishing unique physical circumstance for the property. Staff believes this criterion has been met. 2) Conditions do not exist throughout the neighborhood - The additional front setback prohibits any legal expansion in the rear of the property, which is required to remain at 25 feet. As the only property so situated, based on a review