Board of Adjustment Minutes 2009 05 20

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Board of Adjustment Meeting Minutes MAY 20, 2009 Page 2 of 3 Motion and Vote: Loeblich moved and Weise seconded a motion to approve the resolution as presented by staff in the Staff Report, with the modification to the signature block. Roll Call Vote: Erik Jasiak, associate Yes Gunnar Malmquist excused Horst Loeblich Yes James Stuart Yes John Weise Yes Wayne Chancellor excused Vacant position Motion carried: 4 to 0 The applicant and property owner, Karen Smith, approached the Board to ask what the next steps were. Stuart deferred to staff to discuss the next steps. McCartney explained that the applicant must either remove the deck in question or may be permitted to reapply with another variance, that is substantially different from the previous request. McCartney noted that the applicant would have until the next th application deadline in June (June 19) to apply for another variance. Otherwise the deck must be removed. Smith then inquired why there wasn’t an item on the agenda that was to discuss amending the Louisville Municipal Code (LMC) regarding statutes of limitation on building structures that have been in place for a number of years. Smith believes that the LMC should be amended to allow for structures, which have been in place, the ability to remain in place as long as the building department deems the structure was built properly. McCartney explained the item was not included on the agenda because the Board of Adjustment is not the proper Board to discuss a change in the LMC. Requesting a code change before the City Council is the proper procedure. If Council feels as though the amendment is necessary, they will direct staff to initiate the amendment procedures, which involves public hearings before Planning Commission and City Council. Loeblich stated that he agreed with Smith the City Council should consider a change to the LMC to consider statute of limitation. Jasiak agreed. Loeblich stated he would like this included on the agenda for the May 26, 2009 study session regarding 2009 Goals with City Council. McCartney restated that staff is not opposed to reviewing the statute of limitation issue, but reiterated that the Board of Adjustment is not the appropriate Board to be discussing policy change and that placing this item as a Goal for 2009 would not be appropriate. McCartney recommended to Smith that she attend the June 2, 2009 City Council meeting and request this amendment during the public comments portion of the hearing.