Board of Adjustment Minutes 2005 11 16

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Board of Adjustment Meeting Minutes NOVEMBER 16, 2005 Page 5 of 7 Johnstone verified the public notice requirements: published in the Daily Camera; posted in City Hall, the Public Library, the Recreation Center and the Courts and Police Building; mailed to surrounding property owners within 500 feet of the subject property; and the property was posted with the required signage. Horst moved and Weise seconded a motion to accept the Public Notice Verification information as presented by Staff. Motion passed by voice vote. Staff Presentation of Facts and Issues: Johnstone provided the following summary:  Property is located at 2095 Eisenhower Drive in the Ponderosa Subdivision.  The existing home is 1,769 SF and built in 1992.  The home complies with applicable RL zoning regulations and was built right to the front and rear setback minimums.  The property owner is proposing to add a pergola type roof cover to an existing patio. Any type of rear covered patio or porch is subject to setback requirements and as a result, the applicant is requesting a variance to reduce the minimum rear yard setback from 25 feet to approximately 11 feet, for the covered patio area only.  Staff summarized the six criteria as follows: 1.Unique circumstances, including narrowness or shallowness of lot. The lot partially fronts on a small cul-de-sac. As a result, the northeast corner of the lot is taken up by the street right of way and the north property line is 95 feet deep, compared to 110 feet, which is typical for the subdivision. As a result, the existing home was pushed back to the rear of the lot – right to the minimum 25-foot setback. Staff believes these circumstances are unique. 2.Unusual circumstances do not exist throughout the neighborhood. Staff identified only two other similarly situated properties in the subdivision. Staff does not believe the circumstances exist throughout the neighborhood. 3.Property cannot reasonably be developed. The applicant requests a partially covered outdoor patio area. While there is no definition for “reasonable use”, staff believes some form of covered or partially covered outdoor area is very typical in our climate. Staff finds this condition to be met. 4.Hardship not created by applicant. The hardship was created through the original subdivision of the property, which the applicant was not part of. 5.Not alter the essential character of the area. Because this is a partially open roof structure, it does not created as much perceived building mass or bulk when viewed from adjacent properties. As such, staff does not believe it will alter the essential character of the area. 6.Minimum variance to grant relief. The applicant proposes to cover an existing patio. The patio is about 12 feet deep, which appears to be a reasonable minimum area to provide for an outdoor furnished area.  Public comments. Two e-mail comments were included in the Boards meeting packets that were distributed prior to the meeting. Those both indicated support for the request. Additional e-mails have been received this week and were distributed at the start of the meeting. Those e-mails are from Jeff Cousins (opposed); Elaine Feeney (supports); and David Wood (supports).  Staff is recommending approval without conditions.