Board of Adjustment Minutes 2006 10 16

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Board of Adjustment Meeting Minutes OCTOBER 16, 2006 Page 3 of 8 McCartney stated that the applicant is the original owner. Chancellor asked for clarification of criterion #1 and why it had not been met. McCartney stated that the applicant purchased the property knowing that a hardship existed. Cordell asked if a road noise analysis had been completed. McCartney stated he was not aware that one had been done. Kelly reviewed the vegetation alternative as presented in the Staff Report and stated that it applies to criterion #6. Applicant Presentation: Terry Lenertz, applicant's representative, distributed a copy of the applicant's rebuttal to the recommendation of denial from staff. He discussed the development of McCaslin and how it had changed since the Hilltop Subdivision had been developed. He also noted the signatures of the neighbors that support the request. Board Questions of Applicant: Loeblich asked how the signatures were obtained. Lenertz stated that Mr. Stuart had gone door to door. Public Present in Favor of Application: None heard. Public Present in Opposition of Application: None heard. Staff Closing Comments: McCartney briefly discussed that the type of vegetation that could be used could be something other then what had been recommended by staff. The City Forester would be a good resource person for the selection of what type of vegetation to use. McCartney requested that the Board enter into record the items presented by Lenertz. Malmquist moved and Cordell seconded a motion to enter those items into public record. Motion passed by voice vote. Applicant Closing Comments: Lenertz stated that even with an 8-foot height for a portion of the ISO-feet it would still be below the grade of the road. He can understand the recommendation by staff for the vegetation alternative but also knows that vegetation can not provide the needed sound buffering of the traffic. Question of Staff: Chancellor asked if the current fence is on the property line or in the right-of-way. McCartney stated that the fence is on the property line. Cordell asked if the use of additional plantings would reduce the traffic noise. McCartney stated that planting would provide relief but probably not as much as a brick wall would provide.