Board of Adjustment Minutes 2009 07 15

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Board of Adjustment Meeting Minutes July 15, 2009 Page 2 of 12 asked the applicants (Bruce and Karen Smith) if they were ready to proceed with the hearing. B. Smith acknowledged that they were ready to proceed. Public Notice Verification: Stuart requested public notice verification. McCartney verified the public notice was published in the Camera on July 7, 2009; posted in City Hall, the Public Library, the Recreation Center and the Courts and Police Building on July 7, 2009; mailed to surrounding property owners within 500 feet of the subject property on July 6, 2009; the property was posted with the required signage on July 6, 2009 and the appropriate fees were paid. Malmquist moved and Loeblich seconded a motion to accept the Public Notice Verification information as presented by staff. Motion passed by voice vote. Board Member Verification of site visits, ex parte contacts and conflicts of interest: Stuart requested Board Member Verification of site visits, ex parte contacts and conflicts of interest. Loeblich, Malmquist, and Jasiak, all reported site visits and no conflicts of interest. However, all three reported that they had spoken with the property owner of 940 Cypress Lane – primarily to gain access onto the property. Stuart reported site visits, no ex parte contacts and no conflicts of interest. Staff Presentation of Facts and Issues: Malmquist moved and Jasiak seconded a motion to enter into public record the Nick Simpson letter and petition. Motion passed by voice vote. McMillan noted a correction to the staff report. The staff report reflects the setback as an 8 foot encroachment and it should be a 7 foot encroachment. McMillan summarized the staff findings with the following points of discussion:  888 S. Palisade Court, Lot 17, Block 4 of the Cherrywood Subdivision  Request – Variance from the Cherrywood Subdivision Planned Unit Development to reduce the minimum rear yard setback requirement in two separate locations; To reduce the rear setback requirement from 15 feet to 9 feet adjacent to o the two story covered deck. To reduce the rear setback requirement from 15 feet to 11 feet adjacent to o the one story covered deck.  Background on the request The Board of Adjustment heard a different variance request for 888 South o Palisade on March 18, 2009. This request was to leave the structure as it had originally been constructed resulting in a rear yard setback of 7 feet. The BOA denied this request. Staff met with the applicants to revise the original request. o Applicants resubmitted their application for the above variance request. o The new request includes a variance for the two story deck and a variance o for the one-story deck cover. Y:\CENTRAL RECORDS\PLANNING\BOA\BOA.07.15.09.doc