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<br />Board of Adjustment <br />Meeting Minutes <br />July 15, 2009 <br />Page 4 of 12 <br /> <br />B. Smith presented testimony by addressing the response to each criterion as <br />presented in the staff report. B. Smith indicated he believed the location of the existing <br />house, which was constructed before he purchased the property, is set too far back on <br />the property and the lot is too small (smallest in the neighborhood by approximately 370 <br />square feet). With these facts, B. Smith contended this is the reason why a suitable <br />deck could not be constructed on the property without encroachments. <br /> <br />B. Smith stated he counted at least 15 violations for setback encroachments in the <br />subdivision alone and believed none of them had variances. <br /> <br />B. Smith then commented that removal of the deck would resu a decrease in <br />property values for him and the rest of the neighborhood. <br /> <br />K. Smith then read from the Nick Simpson letter, that t <br />debated each point. <br /> <br />Questions of Applicant bv Board and Staff: <br />Loeblich asked the applicants if they have ad2Jj;,~ ymore rooms to t~>~se other <br />than the deck. B. Smith answered that they!ve not add anymore to tO~!\l1ouse, <br />other than the deck. "'9 <br /> <br />Public Present in Opposition of Application: <br />Nick Simpson - 884 West ChestnLl!1t:iir9Je <br />N. Simpson stated that he has Iivecf~~~st of the;!lh's for 12 years and states <br />that, aside from the deck, not all of Itr \ truct-- '$0. ocate _i~88 South Palisade Court <br />have been there for 12 years. ~ <br /> <br />N. Simpson stated hej~~,lx",concer~J.',;y. the c Os~ roximity of the non- <br />conforming decks to .; t$J.lious~~ SlmpsOQ:pelleves this has an Impact on hiS property <br />values, privacy, an ws. N. Sjrppson al~elieves that no variance should be <br />granted and that t tbacks M'iblished in~U~~ original PUD should be maintained. <br /> <br />N. Simpson=~ state~~",<passe;qr~~~1tpetition opposing this request and had <br />18 SignatIftl}$lrorn\lreside'tthin the sliBClivision. . .. . <br /> <br />LoeQ,!r sked ~gy oNn~~dlvlduals from the petition were In attendance tonight <br />and<3\~ople in the al1tl~e rai~their hands. <br /> <br />Rex ~ 700 Main SIre t <br />Olson SP~~OJl behalf of impson. Olson stated he is an architect and knew N. <br />Simpson as a~, not lent. <br /> <br />Olson stated the oec one properly, could have been placed on the north or west <br />side of the propert, hg the distances from the property lines were greater on those <br />sides. <br /> <br />Olson also stated the applicant should be required to adhere to the stipulations <br />established in the PUD. Olson said building without a building permit is not okay and <br />coming in asking for forgiveness after the fact sends out the wrong message to the <br />building community. <br /> <br />Karen Simpson - 894 West Chestnut Circle <br />K. Simpson is co-owner of house on the east side of the subject property. <br /> <br /> <br /> <br />G:\Board of Adjustment\BOA 2010\05.19.201 O\Complete Packet\02.BOA.07.15.09.doc <br />