Board of Adjustment Agenda and Packet 2023 09 20

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Board of Adjustment Meeting Minutes April 19, 2023 Page 8 of 11 Stuart says he thinks all the six criteria and he is supportive of the proposal. Berger and Cooper agree with Stuart. Hawksley says he opposes this variance request because it is a significant request with 150 sq ft of a request. The spirit of criteria four specifically disqualifies this application because they could build whatever they want. By choosing this floorplan, the applicant is choosing the hardship. It is difficult for him to come to this conclusion since he is also a fire victim. Sommer says looking at criteria three, there seems to be a tradeoff between a one and two story home. She comments on criteria four and believes that it is a hardship that the owners brought upon themselves. She asks if it is cheaper to get a spec home that comes with limited floorplans. Cole mentions that they can keep their costs down if they have multiple homes that select the same floor plan or have limited options for floor plans. If they had a custom home, it would be so much more expensive. Of the one-story homes they have, she does not believe any of the floor plan options would fit on this lot. Hawksley mentions that the homeowner has decided to go with this developer. He also mentions how this proposal does not meet criteria six. Cooper mentions other rebuild variances that have passed and how those have met criteria four. Hawksley says to reference the other rebuild variance, that was an increase of seven sq ft and was much more minor than this proposal. Cole says part of the issue is if they did a custom home, it would be too expensive for the owner and is not an option. Sommer asks if other decisions have been made on corner or narrow lots. Cooper points out that the board for past decision making has relied upon staff's recommendation as they have done much more research on each proposal and are the most knowledgeable when it comes to the criteria and the interpretation of the criteria. Hawksley says that the board recently denied an application that was a rebuild that staff recommended approval. Cooper says that is correct. There were neighbors that strongly opposed and the applicant had another option of where they could put their deck. Hawksley says that denial was dependent upon criteria four. Nakari says the city staff does a great job of showing how they have interpreted the criteria. We need to remember that what we do tonight does not affect past or future variance requests. Berger thinks all criteria are met and he plans to recommend approval. Sommer says she thinks this is an unnecessary hardship since they have to rebuild. Hawksley says his concern is that we have zoning laws for a reason and that the Marshall Fire is a hardship, it would set a precedence for all rebuild homes. He thinks staff's interpretation of criteria four is incorrect because the floor plan can be changed. Stuart says the purpose of the variance is to ensure that the changes will fit within the character of the neighborhood. He says his interpretation of the board is within the six criteria, they should make the applicant and neighbors happy.