Board of Adjustment Minutes 2009 03 18

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Board of Adjustment Meeting Minutes MARCH 18, 2009 Page 2 of 11 He asked the applicants (Bruce and Karen Smith) if they were ready to proceed with the hearing. Weise requested clarification regarding the two documents (letter from Nicolas Simpson and a Square Footage Table / Analysis prepared by staff) that were placed at each of the board member seats prior to the start of the meeting. Chancellor stated the Square Footage Table was from Staff and the other was a letter that had been submitted to Staff. Weise asked why the documents had not been included in the packet so the board had sufficient time to read the documents. McMillan explained the Simpson letter had not been received by the Planning Department until today. The Square Footage Table / Analysis had been prepared by Staff after the packets were distributed with the intention it would provide insight into the size of similar lots in the subdivision. Chancellor asked the Smith’s if they had copies of the documents that the Board was discussing. Staff distributed copies and stated they had been posted on the wall in the meeting per the Open Meeting requirements. Additional copies were also made available to the public. The Smith’s requested time to read the documents, so they could respond to the letters’ content. Malmquist moved and Loeblich seconded a motion to enter into public record the documents presented by Staff as detailed above into the record. Motion passed by voice vote. Chancellor declared a 15-minute recess so the Board and the Applicant could review the documents. Case No. 09-002-VA; 888 S. Palisade Ct.; Two variance requests to: 1)  encroach 7’ into the required 15’ principal structure rear setback and 2) encroach 5.3’ into the required 10’ accessory structure rear setback.  Applicant, Owner, Representative: Bruce & Karen Smith  Case Manager: Gavin McMillan, Planner II Public Notice Verification: Chancellor called the meeting to order and requested public notice verification. Schwertfeger verified the public notice was published in the Camera on March 8, 2009; posted in City Hall, the Public Library, the Recreation Center and the Courts and Police Building on March 6, 2009; mailed to surrounding property owners within 500 feet of the subject property on March 6, 2009; the property was posted with the required signage on March 9, 2009 and the appropriate fees were paid. Stuart moved and Malmquist seconded a motion to accept the Public Notice Verification information as presented by staff. Motion passed by voice vote. Board Member Verification of site visits, ex parte contacts and conflicts of interest: Chancellor requested Board Member Verification of site visits, ex parte contacts and conflicts of interest.