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Board of Adjustment <br />Meeting Minutes <br />July 15, 2009 <br />Page 4 of 12 <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 />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 />B. Smith then commented that removal of the deck would result in a decrease in <br />property values for him and the rest of the neighborhood. <br />K. Smith then read from the Nick Simpson letter, that the board received earlier, and <br />debated each point. <br />Questions of Applicant by Board and Staff: <br />Loeblich asked the applicants if they have added anymore rooms to the house other <br />than the deck. B. Smith answered that they have not added anymore to the house, <br />other than the deck. <br />Public Present in Opposition of Application: <br />Nick Simpson – 884 West Chestnut Circle <br />N. Simpson stated that he has lived to the east of the Smith’s for 12 years and states <br />that, aside from the deck, not all of the structures located on 888 South Palisade Court <br />have been there for 12 years. <br />N. Simpson stated he is primarily concerned with the close proximity of the non- <br />conforming decks to his house. N. Simpson believes this has an impact on his property <br />values, privacy, and views. N. Simpson also believes that no variance should be <br />granted and that the setbacks established in the original PUD should be maintained. <br />N. Simpson also stated he had passed around a petition opposing this request and had <br />18 signatures from residents within the subdivision. <br />Loeblich asked how many of the individuals from the petition were in attendance tonight <br />and 3 people in the audience raised their hands. <br />Rex Olson – 700 Main Street <br />Olson spoke on behalf of N. Simpson. Olson stated he is an architect and knew N. <br />Simpson as a friend, not a client. <br />Olson stated the deck, if done properly, could have been placed on the north or west <br />side of the property, being the distances from the property lines were greater on those <br />sides. <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 />Karen Simpson – 894 West Chestnut Circle <br />K. Simpson is co-owner of house on the east side of the subject property. <br />Y:\CENTRAL RECORDS\PLANNING\BOA\BOA.07.15.09.doc <br /> <br />