Board of Adjustment Agenda and Packet 2009 09 16

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Board of Adjustment Meeting Minutes July 15, 2009 Page 2 of 12 asked the applicants (Bruce and Karen Smith) if they were ready to proceed with the hearing. B. Smith acknowledged that they were ready to proceed. Public Notice Verification: Stuart requested public notice verification. McCartney verified the public notice was published in the Camera on July 7, 2009; posted in City Hall, the Public Library, the Recreation Center and the Courts and Police Building on July 7, 2009; mailed to surrounding property owners within 500 feet of the subject property on July 6, 2009; the property was posted with the required signage on July 6, 2009 and the appropriate fees were paid. Malmquist moved and Loeblich seconded a motion to apt the Public Notice Verification information as presented by staff. Motion passed by voice vote. Board Member Verification of site visits, ex parte contacts and conflicts:+ f interest: Stuart requested Board Member Verification of site visits, ex parte contacts; and conflicts of interest. Loeblich, Malmquist, and Jasiak, all reported si However, all three reported that they had spoken Cypress Lane — primarily to gain access onto the pro no ex parte contacts and no conflicts of interest. Staff Presentation of Facts and Issues: Malmquist moved and Jasi Simpson letter and pel McMillan noted a an 8 foot encroac no conflicts of interest. e property owner of 940 Stuart reported site visits, econded a motion to enter into public record the Nick ection to the ant and it sh n passed by voice vote. staff report. The staff report reflects the setback as Id be a 7 foot encroachment. McMillan summarized tip stynding wh the following points of discussion: • 8 8 Palisade C© r , Lot 17, Block 4'of the Cherrywood Subdivision • Re nest Variance fret the Cherrywood Subdivision Planned Unit Development to reduce the minimum rear yard setback requirement in two separate locations; o To reduce the rear setback requirement from 15 feet to 9 feet adjacent to the two story covered deck. o To reduce the rear setback requirement from 15 feet to 11 feet adjacent to the one story covered deck. • Background on the request o The Board of Adjustment heard a different variance request for 888 South Palisade on March 18, 2009. This request was to leave the structure as it had originally been constructed resulting in a rear yard setback of 7 feet. The BOA denied this request. o Staff met with the applicants to revise the original request. o Applicants resubmitted their application for the above variance request. o The new request includes a variance for the two story deck and a variance for the one-story deck cover. G:\MINUTES\Bd. Adj\2009\BOA.07.15.09.doc