Board of Adjustment Agenda and Packet 2022 09 21

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Board of Adjustment Meeting Minutes August 17, 2022 Page 7 of 7 Hawksley agrees with staff in that landscaping may be difficult to add as a condition because of the enforceability. Stuart says the board's responsibility is to say yes or no as proposed. It is not there job to re -design the proposal and create the re -design as a condition. Ritchie mentions that the board could give the applicant information on how they could re -propose this application and then the applicant and staff could bring it back to next month's meeting with the new proposal. Berger says he is sympathetic to the privacy issues but in his interpretation, all six criteria are met. Hawksley says based on his interpretation of the criteria, he does not believe criterion six is met. Cooper moves and Hawksley seconds a motion to deny 984 Arapahoe Circle's request for a variance from the required minimum rear yard setback of fifteen feet to allow a 76 square -foot deck encroachment with a 9-foot 7-inch rear setback at 984 Arapahoe Circle. Motion passes 3-2 by a roll call vote. Name Vote Scott Berger No Matt Nakari Yes Karen Cooper Yes Joel Hawksley Yes James Stuart No Motion passed/failed: Passes ITEMS TENTATIVELY SCHEDULED FOR THE MEETING ON SEPTEMBER 21, 2022 Hassan mentions that there may be a few variance applications for the next meeting. Staff will keep the board updated. There is also a potential appeal coming to the board in regards to the City variance code. Staff is still working on that proposal for the board though. Cooper asks if the City Attorney can attend these meetings for Marshall Fire victims. Ritchie asks if that is for guidance on the criteria. Cooper says it is. Ritchie says she will see if that is a possibility. STAFF COMMENTS None is heard. BOARD COMMENTS None is heard. ADJOURN Meeting adjourns at 7:37 PM.