Board of Adjustment Minutes 2010 05 19

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Board of Adjustment Meeting Minutes May 19, 2010 Page 3 of 5 subject property on May 7, 2010; the property was posted with the required signage. Development review 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: Chancellor requested Board Member Verification of site visits, ex parte contacts and conflicts of interest. Stuart, Loeblich, Malmquist and Chancellor reported they had done a site visit, had no ex parte contacts and no conflicts of interest. Brassem reported he had not done a site visit, had no ex parte contacts and no conflicts of interest. Staff Presentation of Facts and Issues: McMillan summarized the request with the following discussion points: The request is for a variance from Section 17.16.030.C of the LMC to allow for a  one level (plus basement) addition to the existing single family home which would be located 3 feet 4 ½ inches from an accessory structure on the property. The proposed addition would add 464 square feet of living space on the main  floor and 525 square feet of unfinished basement space. The original home was constructed in 1913 and is on the National Register of  Historic Places. The 2009 International Residential Code (IRC) would permit the construction of  the addition in the proposed location. However, the LMC requires a 10 foot separation. Staff reviewed the application in accordance with the six (6) BOA Variance Criteria and found all the criteria to have been met. Staff recommends approval of the variance request. Questions from Board to Staff: Stuart asked if there any safety concerns had been identified. McMillan stated the Louisville Fire Protection District had reviewed the application and had no comments. Chancellor asked if a condition of approval should be added to address the differences between the building code and the municipal code. McMillan stated it would not be necessary to add conditions of approval. Applicant Presentation and questions from the Board to the applicant: Andy Johnson, DAJ Design, stated he had an additional meeting, which he chairs, to attend. He introduced the contractor, Todd Schulz with Benchmark Construction, for the project. Schulz stated McMillan had addressed the major points of discussion. He continued with a brief discussion of the review criteria. He also stated the owners were planning to add the 1 hour fire rated wall to the existing garage even if the variance is approved. Erin Robertson discussed the history of their owning the home and their desire to stay in Old Town Louisville. She also acknowledged the assistance provided by Heather Lewis, Y:\CENTRAL RECORDS\PLANNING\BOA\BOA.05.19.10.docx