Board of Adjustment Agenda and Packet 2009 11 18

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9/10/09 17 Gavin McMillian City of Louisville Planning Department Dear Mr. McMillian SEP 2009ihD PLANNING I am writing this letter in response to the variance request for 533 County Road (09-011-VA.) I will start by saying that I am not opposed to the approval of the request in and of itself. I am however concerned with the prospect of "it's easier to ask for forgiveness than permission" mentality that resulted in this request. In short, I disagree with the idea that a resident can build what they want and ask for forgiveness later. I believe that this was a concern brought up by Board Member Jasiak in July's Board meeting. This is exactly the type of "after the fact" requests that we do not want to see as the norm. Unfortunately, disregard for the rules and requirements, was a common element during the construction of this accessory structure. While the applicant is eager to blame Silver Contracting, Inc. for this, I believe that ultimately they are responsible for the major issue of location. Issues such as storage of excavated material in alley (for over four months), excavation of the public alley without permissions or permits, modification of the public alley surface without permissions or permits, modification of building location as shown on original building permit, violation of building height limit (corrected by approx 2' of backfill), modification of floor plan, structural plan and elevation design without prior approval from building and planning departments, and modification of drainage plains for neighboring properties all demonstrate not only a lack of respect to the neighbors, but also to the municipal codes. I do have empathy for the situation that the applicant has found herself in. I do however believe that is one of her own making. In reviewing the required six criteria, I agree with your assessment that the applicant does not meet five of them. Sincerely Fred Bacher 520 Main Street Louisville, CO 80027