Board of Adjustment Agenda and Packet 2020 08 19

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Board of Adjustment Meeting Minutes June 17, 2020 Page 9 of 10 Ewy asks if city staff could miss that documentation when future homeowners go through the permitting process. Can there be a deed restriction on the land that says it cannot have a second story on the property? Ritchie says that she thinks Board Member Ewy is speaking to staff's concern on this. On a typical building permit application, staff does not look at title work. Staff can do their best to put notifications of this condition on this permit's existing and future documents, but it is not a guarantee that it will be caught during permitting process. Ewy asks what the process would be for the property owner if staff did miss the condition during the permitting process. Would they have to tear down the construction work? Ritchie says that is a possibility, but if the city has approved and issued the building permit, there is a possibility that the city could not revoke that permit. Zuccaro says that he thinks a deed restriction and a covenant would function in a very similar manner. He says that he would focus on seeing if this variance request meets all the criteria needed in order to approve and if the board finds that that is conditional of prohibiting a second story on the property. If so, the city staff and the city attorney could work on creating a recorded development restriction on the property and maybe leave it a little more general so staff could work with the city's legal counsel on how to do it. Leedy says she agrees with how the applicant approached the six criteria and plans to approve the variance. She is fine having added language that would prohibit a second story on the property. Mihaly asks staff if the city has the mechanisms to implement a covenant or deed restriction. Ritchie says yes, the city does have certain mechanisms in order to do this. If the city attorney had concerns with the condition or covenant, staff would bring this request back to the board to further discuss the subject. Mihaly says he is in favor of voting for approval with the condition in play. He weighs heavily on the neighbor input and appreciates the applicant's attention to detail in trying to maintain the character of the neighborhood. He agrees that expanding the footprint on the lot is more in alignment with the character of the neighborhood than adding a second story. Ewy discusses how he thinks down the road, future homeowners will pop the tops within this neighborhood because of the needed additional space. He mentions that he does not think the character of the neighborhood is really an issue because in future, most likely that character will change because of the needed additional square footage and the options to go about that. He does not think character is a big issue for him on this request and is still inclined to vote no. Zuccaro presents an appropriate condition for a motion of approval. The board's approval is conditional of allowing a second story development, but it would not restrict this development if a future property owner scraped and rebuilt the home. The city staff and the property owner will work with the city attorney on a legal document that would also allow only a one story development to take place but would no longer be in affect if this house were scraped. Cooper asks staff to clarify that if the home was scraped, there would not be another board meeting to approve if the second story would be allowed on the property.