Board of Adjustment Minutes 2006 10 16

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Board of Adjustment Meeting Minutes OCTOBER 16, 2006 Page 2 of 8 block wall where a 50' section, which is 3'9" below street level, would be 8' in height. Board Member Verification of site visits. ex parte contacts and conflicts of interest: Loeblich requested Board Member Verification for the variance request at 1082 W. Alder St. Stuart recused himself as he is the applicant. He left the room. Kelly, Cordell, Malmquist, Loeblich and Chancellor all stated that they had done a site visit, had no contacts with the applicant and no conflict of interest. Loeblich asked the representative if he was prepared to move forward with the hearing. The applicant replied that he was ready to move forward. Public Notice Verification: Schwertfeger verified the public notice requirements: published in the Daily Camera; posted in City Hall, the Public Library, the Recreation Center and the Courts and Police Building; mailed to surrounding property owners within 500 feet of the subject property; the property was posted with the required signage and the appropriate fees were paid. Cordell moved and Malmquist seconded a motion to accept the Public Notice Verification information as presented by staff. Motion passed by voice vote. Staff Presentation of Facts and Issues: McCartney provided a summary of the Staff Report as follows: . The subject property is located at 1082 W. Alder St., Lot 8, Hilltop Subdivision. . The house is located on the southeast corner ofW. Alder Street and McCaslin Boulevard and on the north shore of Harper Lake. . The planned unit development (PUD) plan for the Hilltop Subdivision does not specifically address fence height. Therefore, the Louisville Municipal Code (LMC) becomes the governing document. According to Section 17.16.120 of the LMC, "no fence, wall or hedge shall exceed 6 feet in height except as required for screening, recreational purposes approved by the planning commission, or unique security requirements approved by the planning commission." . The applicant is requesting approval of the fence height allowance to provide an additional sound block for the adjacent traffic noise of McCaslin Boulevard. . Staff reviewed the application on the six criteria established under LMC Section 17.48.100 B. 1-6 and finds that none of the criterion have been met. . Staff is recommending denial of the variance. Board Questions of Staff: Loeblich asked about the widening of McCaslin and if it was moved closer to the home. McCartney stated that the widening was to the west of the subject property. Malmquist asked for a clarification of the proposed fence height and if all or a portion would be 8-feet. McCartney stated that ISO-feet offence is planned to replaced with only a 50-foot section being the 8-feet in height and the closer to both ends of that 50-feet the height is down to 6-feet. Kelly asked if the applicant was the builder or did he purchase the home from someone.