Board of Adjustment Agenda and Packet 2022 09 21

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Board of Adjustment Meeting Minutes August 17, 2022 Page 2 of 7 Berger reviews the procedures for the meeting; opens the public hearing; and states there are six criteria, which must be met for the board to approve a variance request. Berger states that for the requested variance to be approved, four (4) votes will be needed to be affirmative. Hassan verifies the application to be heard this evening is complete, and was mailed to the surrounding property owners on July 29, 2022, published in the Boulder Daily Camera on July 31, 2022, and the property was posted on July 29, 2022. Cooper moves and Stuart seconds a motion that confirms that all requirements have been satisfied and the application submitted by the applicant has been properly filed. Motion passes unanimously by a voice vote. Berger asks if anyone at the hearing has any objections to the hearing procedures she described and asks if there were any other preliminary matters that needed to be taken care of. None are heard. Conflict of Interest and Disclosure: Berger asks for disclosures from the board members for any site visits, ex parte communications, and any conflicts of interest or required disclosures for the application. All Board members indicate they did not have any ex parte communications or any conflicts of interest for the application. Berger asks the applicant if they are ready to proceed with the hearing. The applicant indicates they are ready to proceed with the hearing. Staff Reaort of Facts and Issues. - Hassan begins her presentation by reviewing the aerial image. The property is located in the Centennial 8 PUD, which was approved by the City in 1987. The property was originally part of the Centennial 8 Subdivision and was replatted as part of the Centennial 8 Replat A Subdivision in 1989. The original home was built in 1991 and was destroyed in the 2021 Marshall Fire. The home is being rebuilt in a similar location. Both the original and proposed deck encroach into the rear yard setback area. The applicants plan to build a similarly situated house to what was on the site prior the Marshall Fire, including a non -conforming deck. The main deck platform is the same 1 Oft wide by 14ft deep size as the 1991 house, with a new 3 and a half ft wide staircase on the east side with a triangular landing at the top of the deck. The distance of the deck's encroachment varies between 14.4 ft. to 9.5 ft. from the property line. Approximately 76 square feet of the deck encroaches into the rear yard setback area. The main 10 ft. x 14 ft. deck platform also includes a trellis structure, which encroaches the same distance into the setback as the deck. The main deck platform is the same