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9/8/2009 <br />Gavin McMillan <br />Planning Department <br />City of Louisville <br />Dear Mr. McMillan: <br />SEP 09 2009 <br />PLANNING <br />We are writing to express our opposition to the requested setback variance for 533 County Rd (Case Ni.tmber <br />09-011-VA). Our property adjoins the back half of the lot at 533 County Rd on the north side. There are <br />several reasons why this variance request should be denied; but let us highlight just a few: <br />1. In the opening paragraph of the variance application and in response to criteria #4, the applicant <br />states that the builder failed to locate the dwelling 20 feet from the alley. This is incorrect because it <br />implies that the location is the fault of the builder. In fact, I observed the applicant's husband <br />personally marking the sites for the caissons for the structure without a surveyor and in full <br />knowledge that the location did not meet the setback criteria for a residence. Thus, the applicant <br />directly created the hardship (ie, violation of criteria #4). This also means that the property could <br />have easily been developed in conformity with the provisions of the Louisville zoning code had they <br />simply chosen to do so (ie, violation of criteria #3). <br />2. The applicant is requesting an "after the fact" variance that will set a terrible precedent. Property <br />owners and builders will be encouraged to build anything they want and then apply for a variance. <br />3. The current location of the structure has a large negative impact on our property. The second -floor <br />deck looks directly down onto our back deck and into our living room. This deck is less than 20 feet <br />from our house and towers above our main living space. Had the structure been set back the proper <br />distance, the impact would have been much less because it would not have been directly across from <br />our living room. However, one of the reasons the applicant did not locate the structure further off the <br />alley was that she did not want it "too close" to her main house. <br />Thank u for yo consideration, <br />Bret Fulton <br />Lisa Rogers <br />507 Front St. <br />Louisville, CO <br />303-673-0610 <br />