Board of Adjustment Minutes 2006 10 16

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Board of Adjustment Meeting Minutes OCTOBER 16, 2006 Page 5 of 8 the precedents it creates, and in applying the variance criteria to individual cases, the Board acts within the scope of this competence and in accordance with its duties. 6) Minimum variance to afford relief - The applicant makes a showing of the reasonably limited nature of the relief requested by comparing the height of the fence as requested to the LMC standard as it would be applied if the grade of the property and the road were the same. In so doing, the applicant shows that from the vantage point of the road, the requested variance is, from a visibility perspective, the functional equivalent of fence only 5 feet high. This is within the standard prescribed by LMC, and therefore functionally satisfies the requirement that the modification be the least needed to afford relief. The photos, provided by applicant, which contain a graphic model of the proposed fence, visually and vividly illustrate this effect. Chancellor stated that Loeblich articulated a review of the criterion quite well. The only criterion that he questions as to having been met is #2. Is this lot the only lot in that subdivision that has the topographic slump? Malmquist asked if any properties sit as close to McCaslin as the applicant's property. He also stated that all six criterion had been met as stated by Loeblich. Cordell agreed with the points discussed by Loeblich. Kelly stated that he appreciated the comments made by Loeblich. He stated that he believes that all criterion have been met as reviewed by Loeblich. Motion and Vote: Malmquist moved and Kelly seconded a motion to approve Case No. 06-022-V A for 1082 W. Alder St,; Lot 8, Hilltop Subdivision; A variance request to replace 150 linear feet of an 6' privacy fence with a block wall where a 50' section, which is 3 '9" below street level, would be 8' in height. Roll Call Vote: Bill Cordell Yes Gerry Kelly Yes Horst Loeblich Yes James Stuart Recused John Weise Excused Gunnar Malmquist Yes Wayne Chancellor, Associate Yes Motion passed: 5 to 0 Stuart returned to the meeting. ~ Case No. 06-023-V A: 116 Springs Cove; Lot 88, Coal Creek Ranch Filing #2, Replat A amended. A variance request to place an enclosed patio structure on the rear property line that abuts a drainage area (designated open space) next to the Coal Creek Golf Course. Board Member Verification of site visits, ex parte contacts and conflicts of interest: Loeblich requested Board Member Verification for the variance request at 116 Springs Cove.