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CITY OF LOUISVILLE <br />BOARD OF ADJUSTMENT <br />STAFF REPORT <br />December 16, 2009 <br />APPLICANT: Richard Lopez; Lopez Law Office; 4450 Arapahoe Ave. #100; Boulder, <br />CO, 80303 <br />OWNER: Carmel Whittier; 533 County Road, Louisville, CO, 80027 <br />STAFF PLANNER: Gavin McMillan, Planner II <br />LOCATION: 533 County Road; A portion of Block 2, Acme Terrace Addition <br />ZONING: Residential Medium Density (RM) and Old Town Overlay Zone District <br />REQUEST: Rehearing of Case #09-011-VA — Approval of two variances from <br />Chapter 17 of the Louisville Municipal Code (LMC). The variances are <br />described as follows: <br />1. Variance from Section 17.12.050.F to allow a 14 feet 6 inch front <br />yard setback where 20 foot is required. <br />2. Variance from Section 17.12.050.G to allow for an attached garage <br />that is not setback 20 feet greater than the setback between the front <br />property line and the front building line of the dwelling. <br />BACKGROUND: <br />Case #09-011-VA was originally heard at the Board of Adjustment's regularly scheduled meeting on <br />November 18, 2009. At that meeting, separate motions to approve each of the variance requests both <br />failed (0-6 and 0-6). Subsequent to that meeting, the applicant formally requested that the Board rehear <br />the case. Article VI, Section 9 (Rehearing) of the Board of Adjustment bylaws states that the Board <br />may rehear a previously granted or denied variance application and may modify its decision thereon <br />only if: <br />1. The hearing is conducted and the decision modified at a time prior to the date an appeal of the <br />initial decision must be perfected pursuant to C.R.C.P. 106(a)(4); and, <br />2. There has been a substantial change in the facts or law subsequent to the initial hearing. <br />After consulting with the City Attorney, staff determined that: (1) the rehearing could be conducted <br />prior to the date by which an appeal of the initial decision must be perfected pursuant to C.R.C.P. <br />106(a)(4), which is 30 days after the Board of Adjustment's initial decision; and (2)the new factual <br />matters that the applicant provided in the request for rehearing (see Attachment 1) were substantial <br />1 <br />