Board of Adjustment Minutes 2009 03 18

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Board of Adjustment Meeting Minutes MARCH 18, 2009 Page 7 of 11 page 5 – discussion of minimum relief and the requirement for dismantling  the deck cover. K. Smith discussed LMC Section 17.28.120 regarding Privacy and the need of the family to create a private place for the enjoyment of their home and yard. Chancellor declared a 5-minute recess at 7:25 P.M. K. Smith requested to have Steve Kinz provide testimony as he has another meeting to attend. Chancellor granted the request. Steve Kinz, 860 W. Chestnut Cr, Louisville, CO lives in the second house east of the Smith’s. The Simpson home is between his property and the Smith’s. Kinz stated that the deck looks nice and adds visual interest to the neighborhood. It will also help the value of the homes in the neighborhood. Chancellor thanked Kinz for his comments. He acknowledged that the applicants, staff and board had no questions regarding his comments. K and B. Smith continued with the following points of discussion: lived in the home for 19 years  The deck was built 13 years ago  The deck is needed for privacy  The deck adds property value to the home and the neighborhood.  It will cost $25,000 to remove the deck  Removal of the deck also removes the privacy needed to use the Hot Tub.  An Agreement was suggested that the deck can not be enclosed at any  time by themselves or any future property owners. The deck has provided 13 years of fond memories for the family  Questions of Applicant by Board and Staff: Chancellor noted that staff, the board and members of the audience had no questions or rebuttals to the applicant’s presentation. Public Present in Favor of Application: Johannes Tsiridis, 912 S. Palisade Ct, Louisville, CO stated his support for the variance request. He has lived in the neighborhood for 10 years and the Smith’s deck has served as a gathering place for the neighbors. John Kelin, 894 S. Palisade Ct., Louisville, CO stated his support for the variance request. He has lived in the neighborhood for 11 years and the deck has been there for all of that time. If there has been a problem with the location of the deck it should have been addressed years ago instead of waiting until now. Toshihiro Sakaki, 914 S. Palisade Ct., Louisville, CO stated he has been a neighbor of the Smith’s for 4 years. He spoke of the fine character of the Smith’s and their willingness to help neighbors when help has been needed. He also agreed with Mr. Tsiridis that the deck serves as a gathering place in the neighborhood. Staff and Applicant Rebuttal: