Laserfiche WebLink
<br />being defined as the front yard setback, a six foot privacy fence is not allowed within twenty <br />(20) feet of that property line and the applicant is requesting that variance be granted for <br />the additional 2 feet for a six foot privacy fence. Again, state your name before speaking. <br /> <br />Eisenstein: Again, for the record, I am David Eisenstein. I am an attorney in Boulder, <br />Colorado. I am here representing Chris and Marla Martoglio tonight in their request for <br />a variance. First, I am going to speak for a little while and then Chris Martoglio will <br />address you as well and help explain some of these wonderful visual aids we have for you <br />and, hopefully, this will give you some more information so you can reach your decision. <br />We are here tonight to ask the Board of Adjustment to do it's job. This is especially <br />appropriate in this case where strict application of the zoning code seems a bit arbitrary. <br />It serves no valid zoning purpose and it unfairly restricts these land owners from reasonable <br />use of their land. In your packets there is information on the history of the attempts to <br />build this fence. Chris and Marla included a (?) in their application. I think that the <br />history is relevant because it demonstrates a hardship has already been suffered, in part, <br />due to the confusion in this case as applied to this property, an arbitrary code provision. <br />That is why this case presents a nearly perfect example for a variance. When the zoning <br />code is written, this did not make any sense as applied to this property. This house was <br />built in 1983 by McStain, a developer of the Saratoga subdivision, and the house faces <br />south on Catalpa Court. And, on our little visual aid here, the house is situated so it faces <br />this way. This is the sort of natural front yard. I do appreciate that you all took the time <br />to go look at the property so you could see the picture in your mind because pictures are <br />worth alot of words. <br /> <br />Sears: It might be good if we could somehow turn these so that the audience can see them <br />as well, if maybe we can turn them toward where they are facing, that wall right there. <br /> <br />Eisenstein: Can you all still see it? <br /> <br />Sears: We can, actually. <br /> <br />Wood: Mr. Chairman? <br /> <br />Sears: Yes? <br /> <br />Wood: May I request that several exhibits will, of course, be entered as part of the record? <br />I will request that as no problem. We are looking at 3 exhibits. If we could, just how do <br />you want to.....? <br /> <br />Pendergrast: Why don't we call this Exhibit 1, which is pretty much a copy of Diagram 1, <br />which is our informational packet? <br /> <br />Eisenstein: It is a blow-up of that diagram and, I guess, if you want to identify the exhibits <br />now, Chris will give you more detail on them. Let's call this Exhibit 2, which indicates the <br /> <br />6 <br />