HomeMy WebLinkAboutMINUTES Board of Adjustment 1996-10-01BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment
October 1, 1996
Board:Chairman Pauley,
Newsom, and Sager
Members Barker,Baudek,
Attending:Chairman Pauley,
Newsom and Sager
Members Barker,Baudek,
Also Attending:Community Development Director Stamey and
Deputy Clerk Kuehl
Absent:None
Chairman Pauley called the meeting to order at 8:00 a.m.
MINUTES
It was moved and seconded (Sager-Newscm) the minutes of the
,1A9d6 TengTh3enbe anS i? passed
unanimously.
RIVERSinE SnBDIVISIOH, F°^TI|0N|)0|^1L^°^1I|^'rrnfT ^omTnI^7Sa0.n40 B.2
pmnnlRES & THIRTY-FOOT SETBACK FROM tH
RIG THOMPSON RIVER.
-t . n 1_v,a4- 1-Vi-i reauest was continued from theChairman Pauley explained that thfic^qion Qf the floodway area.
September meeting, P?nd^ ^ p E M A required the Town to adopt
Director Stamey explained t/Jia^ of this regulation
floodplain re9ulatloas' . fndrr^v7^ £rom obtaining flood insurance,
may prohibit anyone in °J^e r^ve? rogck wall is the edge
It is the opinion of the Towa that. Cps_r,roachinq into the floodway.
of the floodway and the structa^®. states that non-conforming
A section in the Town regulatio shall not be structurally
buildings, which this s , 'staff recommends that all
altered, enlarged a^^e^d^d;ed f^ofthe floodway. It is the
structural encroachments b ,^pt-ermine the floodway and the impact
Applicant's responsibility , Member Baudek referred to
ofP the structure on tl?a ^l00ta^ays that a variance should not
section 17.28.160 (C) whicfh !tataend safety of the applicant or
endanger the health, ,^alfa 'd verified that the building permit
upstream/downstream owners and 7rr1t£h1er requested a definition of
will enforce building codes. stLev reported that the floodway
floodway regarding elevation. ^ ^ fl^od, and added that the
reoresents peak elevation of 10°^ns / During and after a
issue is broader than floodway OVer the river increases the
catastrophe, any encroachment :^nt° eg trapped debris in the
potential for damage to property ^ these encroachments, thereIf the Town continues to aUow th^SaSgeea prQper w.
is always the Poss.:Ll?1;L(^:Ltfy r hallowing them to encroach into the the Town responsible for aiiowiny
floodway.
Applicant' S Representative David Habeckert reported ^ that
Horn Engineering, the floor.° t is 1', adding that the bridges
100-year flood, and the :^eqa:L ■ ment The additional walls and In Town do not meet that requirement^^^^^^n^ and the proposed
flooring would strengthen _ the supports now in the riverci"Jie?ered overhang would elxminaten toheh-PPOoperties
and alleviate any negative P the st0ne wall is m the 10
Ssr.“il
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment, October i, 1996 1 Page 2
20% setback rule. Member Sager explained the encroachment to a
property line includes the foundation and the roof, and goes higher
than one foot above the obstruction. Sager made^ mention of the
neighbor who wished a similar type of variance in 1994 and was
denied. Applicant Gunter reported that the deck next door
protrudes over the river, which he stated his deck does not; and he
questioned why the Town was allowed to place boulders in the river
across from his property. Because of these facts, Mr. Gunter will
regard a negative response from the Board as an arbitrary decision
against him personally. Gunter added that he can walk along the
rock below the deck when the river is at its height, which
indicates to him he is above the floodway. He verified that,
because of the expense, he does not have flood insurance.
Member Newsom moved that the variance be granted provided that the
posts be removed from the river, a detailed drawing be provided to
reflect the riverwall, and the Town be assured by F.E.M.A. that
this variance does not jeopardize the granting of insurance to the
Town. Member Baudek requested that to protect the interest
Town the Applicant be required to obtain flood insurance. Th®
was no second to the motion. Member Sager questioned not only the
ISo-year flood definition, but definitions for a500-year flood and
nthpr manor catastrophes which are of concern to F.E.M.A. and tne
Town. Director Stamey explained that the floodway an?^heiP1^Jg
are the only regulated areas. After further discussion,
moved and sLonded (Newsom-Barker) that the varYnce be granted
with the following conditions, and it passed unanimously.
Posts be removed from the river. _ • ■; on
van Horn Engineering provide written 7®iL1i^=®tJLn0dn Je
the encroachment is above the 100-year floodway and there
would be no impact on the floodway. _ _
A detailed drawing of the area, f^c}u^ing. ^hef:^^^5rWal '
floodplain and floodway be provided for the files. _
Staff meet with the Applicant and Van
regarding floodway verification and F.E.M.A. insurance
impact.
Member Sager regretted that Mr. Gunter lacked respect for the Board
by considering a denial a personal attack.
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REPORTS
John Allman verified that the owners of Styx 'n Stones Moraine
Avenue, are planning 0°, landsc®P® th®1^ as a
furniture from all outside ^rea ' t.o:?aae unit located. Because
writtena^tif icationC^tontheUownersUto Cc^^^ wittTthe conditions of
the variance.
There being no further business, Chairman Pauley adjourned the
meeting at 8:59 a.m.
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Tina Kuehl, Deputy Town Clerk