Board of Adjustment Agenda and Packet 2016 07 20

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Board of Adjustment Meeting Minutes June 15, 2016 Page 10 of 17 Question from Board to Staff: Ewy asks if the PUD had any exclusion for side yards abutting a street and treat the front of the house differently than the side yard? Robinson says the PUD language is 20' setback from the street property line. It treats the front and street side the same. Ewy asks what the normal side yard setback would be in the neighborhood. Robinson says the interior side is a 5' setback off the interior lot lines. Ewy says if a variance is granted, does it reset the entire side yard setback or the side of the house abutting the street. Is it now reset to 15' and any development could happen in that 5' from now on? Robinson says the variance allows the proposed addition. If they want to add additional square feet on that side, they would have to apply for a new variance. Campbell asks where the existing addition is located, is it on the back? Robinson says the existing addition is on the back and the sed addition is on the side. Presentation from Applicant: Rachel Fox and Dan Fox, 346 McKinley Court, Loui , CO Charlotte Perry, contractor I have a couple thoughts about the two criteria that the Staff feels we don't me: ' r corner lot is narrower than the other corner lots in Dutch Creek. It is news to us to learn tha ®ur lot is narrower than standard corner lots. Criterion #3 says we cannot reasonably develop the property in conformity with the provisions. We spent a lot of time with the designer looking at different ways to expand our property. You will see on our drawing that there was an addition when we purchased our house. One consideration was to build out over the addition which will maximize square footage but would be a more expensive way to attain the goals we want. I understand we can build out over our addition because it will not change our footprint. We feel that this will considerably block our neighbors from sunlight coming into their yard. Our whole reason for wanting to be in Dutch Creek is our neighbors. We tried to leave Dutch Creek last year and moved, but within a year, we came back. Even though we got a bigger house with more space, we did not have the neighbors. We are trying to find ways to accommodate our family in the space that we have. We have a pretty small house, approximately 1400 sf. We have four children. If we push out the back of the house the same amount of square footage that we are considering on the side, in working with the designer, it would not allow us to carve out four bedrooms. We don't want to move the bathroom because that would be an additional expense. Building out the back doesn't help us design-wise to gain the four bedrooms. We had a misunderstanding with our designer because in talking to the City, she thought we had a 15' setback on the side. There are three McKinleys in Louisville, and we submitted the plan this way because we thought we had the additional setback space to build out the 5' bump-out. In looking at the plan overall, pushing out this extra 5' on the second story will look nicer than building over the addition. We thought this would preserve the integrity of the neighborhood. Dan Fox speaks. In looking at the overhead, the issue with Criterion #2 is that this condition does not exist throughout the neighborhood. There are few corners in Dutch Creek. There are a lot of rounded corners with extra wedges making bigger properties. We are the only corner in 50 houses around us. To me, I have an issue with the word "throughout" because this is not throughout the neighborhood. It is only in these occasional places where there is a cul-de-sac. Most of the roads have these wavy curved ways to turn to eliminate tight corners. In terms of Criterion #3, I think we are finding a reasonable way to develop that will work for our family since we have four kids and need four bedrooms in that area. The variance itself is not over the whole side of the house, so visually, it does not extend the corner, but just goes out a little bit on that side. We are trying to make minimal changes. The reason for all of this is that the house is so jammed. We are trying to get a few feet here and there to make this possible for our family. Rachel Fox says we hope we are not asking for too much. We are trying to not block anyone's view. We are choosing a design to fit the look of the neighborhood.