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Board of Adjustment <br />Meeting Minutes <br />• MAY 20, 2009 <br />Page 2 of 3 <br />Motion and Vote: <br />Loeblich moved and Weise seconded a motion to approve the resolution as presented <br />by staff in the Staff Report, with the modification to the signature block. <br />Roll Call Vote: <br />Erik Jasiak, associate <br />Yes <br />Gunnar Malmquist <br />excused <br />Horst Loeblich <br />Yes <br />James Stuart <br />Yes <br />John Weise <br />Yes <br />Wayne Chancellor <br />excused <br />Vacant position <br />Motion carried: 4 to 0 <br />The applicant and property owner, Karen S ith approach ,d the Board , 0-ask what the <br />next steps were. Stuart deferred to staff to suss the Wit' teps. McCarLn ; <br />explained that the applicant must either remove hede-k511'question or may be <br />permitted to reapply with another v-xiance, that is uostantially different from the <br />previous request. McCartney note ° that t e applican ° ;ouId have until the next <br />application deadline in June (June 1 °h o aop,y for ano#jier\variance. Otherwise the <br />deck must be removed. <br />Smith then inquired why here wasn't a item t e . oenda that was to discuss <br />amending the Louisvi I ,"Tunic' o Code C3'regarding4atutes of limitation on <br />building structures t.a) have be in place fora number of years. Smith believes that <br />Yhti E, <br />the LMC should Qe samended to - flow for st "e1ures, which have been in place, the <br />ability to remain in place as long s_ a builds g)department deems the structure was <br />built properl <br />McCart eye expl 'ne = the�i a ; was not inclu • ed on the agenda because the Board of <br />Adju tment is not t grope oo. rd to discuss a change in the LMC. Requesting a code <br />cha o - ;before the Cit Council e proper procedure. If Council feels as though the <br />amendment is necessary they willoirect staff to initiate the amendment procedures, <br />which in5o ves public hea pings before Planning Commission and City Council. <br />Loeblich sta heat he a reed with Smith the LMC should -be modified to consider a <br />statute of limitat orr Ja±l k/agreed. Loeblich stated he would like this included on the <br />agenda for the May•26 009 study session regarding 2009 Goals with City Council. <br />McCartney restated bat staff is not opposed to reviewing the statute of limitation issue, <br />but reiterated that the Board of Adjustment is not the appropriate Board to be discussing <br />policy change and that placing this item as a Goal for 2009 would not be appropriate. <br />McCartney recommended to Smith that she attend the June 2, 2009 City Council <br />meeting and request this amendment during the public comments portion of the <br />hearing. <br />