Board of Adjustment Agenda and Packet 2018 04 18

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Board of Adjustment Meeting Minutes November 15, 2017 Page 6 of 9 additional space on the lot. He is leaning towards supporting what the homeowner is proposing, especially since the applicant has put in so much additional work with the neighbors. Levinson asks staff if the neighbors have any rights to put conditions on the board if the case is approved. Zuccaro says that neighbors themselves do not have the authority to place these conditions on the applicant upon approval. They can only request that the board take these conditions into consideration and apply them if the board determines they are appropriate. Williams says she appreciates the work the applicant has done in working with the neighbors and staff's complete analysis. Although she sees this decision becoming problematic when approving with conditions and going against staff's analysis, especially with staff not finding one criteria being met. When adding conditions that bind future homeowners, this becomes an uncomfortable idea for Williams. Meseck states that this is the first time he has seen neighbors bring up so much concern with a variance. He thinks the neighbors feel pressured to do the right thing and give their support to the applicant. With all the conditions mentioned, he thinks this demonstrates that they have too many concerns and because of that, the variance probably should not be approved. Williams asks staff that if the application is denied, could the applicant still build the addition onto the existing home without a variance? Could they submit an application to staff and not be denied? Ritchie says that is correct. She proceeds to ask the board if they want to re -open the public hearing to ask the applicant more questions. Ewy moved and Levinson seconded a motion to re -open the public hearing. Voice vote occurred, having two objections and four in favor of the motion. Motion passed by majority vote. Johnson tells the board that this is not an objective case. The criteria cannot be looked at through an objective lens. The applicant is simply asking if what is proposed is reasonable. This is reasonable. The subject of the neighbors has been discussed heavily during this hearing because it affects them. It does not affect the City though. There is no noticeable difference in the exterior or architecture that will have any negative effect on the neighborhood. Ewy asks staff that when the board is reviewing a case and sets a standard on that case, cases before, or cases in the future, will that be setting precedency for all future cases?