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HomeMy WebLinkAboutMINUTES Board of Adjustment 1995-02-07BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Board of Adjustment February 7, 1995 Board: Attending: Also Attending: Absent: Chairman Doylen, Members Dekker, Gillette, Newsom, and Sager Chairman Doylen, Members Gillette, Newsom, and Sager Community Development Director Stamey, Building Official Allman, Town Attorney White, Deputy Clerk Kuehl Member Dekker Chairman Doylen called the meeting to order at 8:00 a.m, HYDE PARK SUBDIVISION. 621 ASPEN AVENUE, LOT 5, BLOCK 2f KERRI AND TERRY TIERNEY/APPLICANTS — REQUEST FOR SETBACK VARIANCE. Applicants are requesting a variance from the required 15-foot setback. Section 17.20.040, B, 1 (a) , to 6.74 f eet n f ^oin ,th® ^tr property line. Building Official Allman explained that the proposed addition faces Aspen Avenue and is a one"s^ory * Terry Tierney, Applicant, stated that the proposed location is the best utilization of the property, considering preset^ layout, topography, and the inability to build a second the existing foundation. Three ponderosa pines and a significant downward slope exist on the north side property, and seven ponderosa pines, a chain link fence and a shed exist on the west side rof tL property. The northeast “f"®" °fsa^flt parn0|°S^^ addition would be 3 2 feet from the edge of the asphalt and rne •southeast corner would be 3 5 feet. Member concerns. no floor plan, no measurements noted on the submitted Itlat®r;^als' west side of the property appears to be suf f 1^;LeZlt, with no variance needed. Neighbors were r^?;5°nh"2ard 623 Aspen Avenue, objected to the variance traffic hazard and elimination of views. Chairman Sager moved the variance request be denied because the Applicant has not andV seconded (GTl^^re\tTNe^°so:^tn^^^ f eft setbaci variance SHreroved for 621 Aspen Avenue, contingent upon the addllton United one story with a hip T0\llTollt S?n|hrrri;erPtrinrff?cilnr?otailo; the variance, and it passed. rsnoD°ys1teant:inGgill?S^?' "flthou?0” exceftiSnIi S?^uLtaSnceesr, the Ordinances should be upheld as written. AUTODUNRAVENUASEBARTH Oa^aOce fror,' the following ^ectionF^f the Municipal code: section 17.20.060. The gross floor area of all floors in all buildings on the premises shall not exceed 25 0 . section 17.20.040, B,l(b). Side yard setback is required to Sectlonei0.'l6.010,B. No RV's or travel trailers shall be used as a store, office, or place for the carrying on of a business. Applicant is proposing to set a 10' x 40* portable office building along the west side of the existing building at 911 Dunraven BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS Board of Adjustment, February 7, 1995 - Page 2 Street, zoned C-0. Building Official Allman reported that the proposed site for the office is presently used as a driveway and parking area, within 2 feet of the side property line. Applicant chose to pursue Board of Adjustment approval even though Director Stamey discouraged the Applicant to submit the request. Attorney White informed the Board of Adjustment and the Applicant that a variance to Section 10.16.010,B must be granted by the Town Board. CONCERNS Several concerns were discussed and resolved as follows: • All material relating to future Board of Adjustment meetings is to be distributed in a timely manner, preferably the Friday prior to the meeting. • Special Board of Adjustment meetings will be held when Applicant demonstrates a true hardship exists by being asked to await a regularly-scheduled meeting. • The application will include a set of instructions and a list of required materials to aid the Applicant in submitting a complete application. CITIZEN PARTICIPATION Attorney Robert Meyer requested permission to speak regarding the variance request for 621 Aspen Avenue. Meyer was told the meeting started at 8:30 and was not in attendance during discussion of the variance request for 621 Aspen Avenue. Meyer represents Vernon Witt, 623 Aspen Avenue, who objected to the variance stating possible traffic hazard, elimination of the view, reduction of property value, and the insufficient need to meet the variance criteria. Witt purchased the property knowing the codes and understood they would be upheld. Chairman Doylen reported the variance was allowed. Attorney White stated the Board of Adjustment is the final decision of the Town; the next step would be District Court. Meyer reported that steps will be taken within the law to overturn the variance. There being no further business. Chairman Doylen adjourned the meeting at 8:40 a.m. Tina Kuehl, Deputy Town Clerk