City Council Study Session Agenda and Packet 2010 05 25

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COUNCIL COMMUNICATION TO: MAYOR AND CITY COUNCIL FROM: MALCOLM FLEMING, CITY MANAGER DATE: MAY 25, 2010 SUBJECT: UPDATE/DISCUSSION – BOARD OF ADJUSTMENT (BOA) ORIGINATING DEPARTMENT: PLANNING AND BUILDING SAFETY DEPARTMENT ON BEHALF OF THE BOA INTRODUCTION: The Board of Adjustment (BOA) is a six member quasi-judicial board that hears and decides requests for variances from the City’s zoning ordinance. It also hears and decides floodplain development permits and appeals of administrative zoning and floodplain decisions. BOARD MEMBERS: The current board members are: Wayne Chancellor, Chair; James Stuart, Vice-chair; Horst Loeblich, Gunnar Malmquist, Chris Fuller and Erik Jasiak. Larry Brassem serves as the Associate Member. All of the positions on the Board of Adjustment are currently full. Mr. Loebilich’s and Mr. Stuart’s terms are set to expire in December of 2010. 2009 SUMMARY: The BOA heard seven variance requests in 2009.Six of the seven cases dealt with variances to setback requirements. One of the cases was a re-hearing of a prior decision and one of the cases was withdrawn at the public hearing. The BOA heard one “after the fact” variance request.In this particular case, the applicant had made improvements to their home without a building permit. The building department was notified of the work completed without a permit and it was determined that the improvements were constructed in violation of the setback requirements. The applicant went through the variance process in an attempt to allow the improvements to remain in their constructed location. This request was heard on two separate occasions and a modified version of the original request was eventually approved. Of the seven cases heard by the Board of Adjustment, three were approved, three were denied, and one was withdrawn. There are six criteria that must be met in order for a variance to be approved. The three denials were issued because the board members found that all six of the criteria outlined in Section 17.48.110.B (1-6) of the Louisville Municipal Code (LMC) were not met. SUBJECT AGENDA ITEM UPDATE/DISCUSSION – BOARD OF ADJUSTMENT (BOA) II