Board of Adjustment Agenda and Packet 2020 08 19

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Board of Adjustment Meeting Minutes June 17, 2020 Page 8 of 10 Stuart says that he is in agreement with all the assessments the applicant showed in their presentation. Regarding criteria one, the odd proportion of the large garage is an unusual circumstance and that leads to the rest of the changes that need to be made. A few more square feet is very useable and the proposed design does maintain the character of the neighborhood. He agrees with the applicant's discussion of meeting each criteria, with the additional point he mentions regarding the unique circumstance of the odd proportion of the garage. He says he will be voting for approval. Ewy states two problems he has with this application. One is the fact that if this request is approved, the applicant could add on a second story to the home. He is unsure of how to mitigate that from happening. The second problem is the precedence that this sets for the neighborhood. The lots are quite big for this neighborhood and he is concerned this would allow bigger homes to be built in this neighborhood. At this moment, he wants to deny this request. Koepke agrees with Board Member Stuart's discussion points but shares Board Member Ewy's concern. He asks staff if the board could approve a condition where this home could not add a second story. Stuart also agrees that there should be a condition that would not allow this property to build a second story. Zuccaro discusses how putting a condition on the variance approval can bring challenges to the property. An option for the board would be to create a condition on the resolution of the approval. That can be difficult to track through the permitting process though. Another option is to put a covenant on the property. The city does not want to be in the business in enforcing covenants on properties. A covenant is an option if that is acceptable to the applicant though. Cooper says she thinks it is necessary to see if the city could create something legally that would prohibit this neighborhood from popping the tops from these homes. She would be in approval of having a covenant on this property that would not allow a second story to be built on the property. Zuccaro says there is no policy in this neighborhood that would stop them from building second stories. There is no zoning overlay and no city adopted policy that would hinder these types of designs. He reminds the board that they are asked to review this against the adopted criteria and recommends that they focus on the criteria and how the proposal relates to the adopted criteria. He says that they can have conditions on an approval and thinks a condition put on the second story is appropriate. Leedy asks Board Member Cooper if she is leaning in any particular way. Cooper says that she is leaning in support of this request if there is a covenant on the property not allowing it to be made into a two story house. Stuart agrees with staff's option of a condition rather than going through the avenue of a covenant. Leedy asks staff if the covenant is just for the house and not the whole neighborhood. Zuccaro says that that is correct, it only applies for this property. The board could make a condition to the approved resolution; however, the benefit of the covenant is that it adds an additional layer for any future property owners. Future owners would get a copy of that covenant when they receive their title work, so it would be easier for them to be aware of this restriction on the property.