Board of Adjustment Agenda and Packet 2017 03 15

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Board of Adjustment Meeting Minutes February 15, 2017 Page 7 of 10 Zuccaro states that staff did look at the code and confirmed that the board is authorized to put reasonable conditions as they relate to the review criteria. Williams asks Staff if they were you using the seven feet based on residential medium density. Ritchie says the seven feet came from Staff's understanding of a reasonable distance for a tree to have adequate space to grow. Meseck asks if in the future there were to be work done on South Boulder Road that impacted structures that are in this subdivision, what happens in that situation? Zuccaro replies with saying when the city is looking to expand the right-of-way and there isn't existing right-of-way, there is a process the city has to undergo in order to obtain that right-of- way. He states that there isn't much room to add a lane so this scenario is unlikely to happen. Williams asks a direct question to the applicant. The fourth house from the applicant's house, is that structure their garage? If it is, is it a two car garage? How does the garage function for the homeowner? Binns says that it is a garage but is unsure if it is a two car garage, and that the applicant did not ask the homeowner how this garage functions for their daily life. DeJong confirms that the homeowners could not attend the meeting. He asks Binns, do you have the authority to bind the homeowner to any limitations that we put on the applicant? Binns replies that his authority consists of only asking the three feet on the garage, the additional 6% on the lot coverage, and the variance to the addition to the home. Williams asks Binns if he has the authority with the seven foot condition to move ahead with the project or not. Binns said the homeowners advised him that the applicant would not proceed with the project if the seven foot was the determined outcome. DeJong clarifies with the board that they would be giving a unilateral change, so the board would be making the change Stuart says he would not like the board to move this. He would like to hear a vigorous defense for the three feet discussion. Meseck agrees with Stuart. If the proposition was denied, could the board continue the discussion with the homeowners the following month? Ritchie says that one option is that if the board makes a motion to approve, and the option fails, the board could move to continue. Williams says that she thought Staff was proposing from three to seven feet because it related to code. For her, it changes the discussion since it is not related to code. Email entered into the record: Meseck moved that an email be entered into the record from Christine Nicolaysen dated February 15, 2017. Stuart seconded the motion. The motion was approved by voice.