Board of Adjustment Minutes 2009 03 18

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Board of Adjustment Meeting Minutes MARCH 18, 2009 Page 5 of 11 Jones read from the International Building Code (IBC) the reference in Section 105.2 exception 2 regarding the definition and how a covered deck is considered as part of the Principal Structure. Applicant Presentation and questions from the Board to the applicant: K. Smith requested Board approval to allow one of the speakers to provide her testimony as she had another obligation at 7:00 P.M. Chancellor granted the request. Angela DiFronzo, 890 S. Palisade Ct. stated she is an adjoining property owner. Her comments were in support of the requested variance. She stated the covered deck does not obstruct any view from their lot and it actually enhances the character of the subdivision. She expressed confusion in understanding how a deck becomes part of the Principal Structure. She concluded by stating she respects that Mr. Simpson has a right to express his feelings about the variance however his motivation for his comments might not be for the right reasons. Chancellor thanked DiFronzo for her comments. He acknowledged that the applicants, staff and board had no questions regarding her comments. B. Smith continued with the applicant presentation as summarized below: Distributed packet of information which contained the following documents:  Highlighted copy of City’s Staff Report with rebutting comments.  ILC with redline setback for rear and side  Duplicate copy of staff prepared document – Lot Square Footage of  Cherrywood Subdivision Duplicate copy of staff prepared document – Subdivision Plat (reduced  size) used to illustrate previous document. Table 1 – Neighborhood setback and deck data  Table 2 – Neighborhood setback analysis  Stuart moved and Malmquist seconded a motion to enter into public record the above listed documents. Motion passed by voice vote. B. Smith continued with the following discussion points regarding the letter from Mr. Simpson: Deck has been in place for 13 years, which is prior to when Mr. Simpson  purchased his home. Point #1 and Images 1-6: No matter what was done with or without a  covered deck the home would still be on the lot and Mr. Simpson would still have the same view of the property. The addition of a hedge, planted above the rock wall provides another visual barrier, perhaps 75% is blocked. Profession of B. Smith is not a civil engineer as stated in letter but is an  environmental engineer. The deck was completed prior to the completion of his degree. An environmental degree does not constitute a person being familiar with zoning and planning requirements as implied by Mr. Simpson.