HomeMy WebLinkAboutMINUTES Board of Adjustment 1999-09-14BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment
September 14,1999
Board: Chair John Baudek, Members Jeff Barker, Lori Jeffrey, Wayne
Newsom and Al Sager
Attending: Chair Baudek, Members Barker, Jeffrey, Newsom and Sager
Also Attending: Senior Planner Joseph and Recording Secretary Wheatley
Absent:None
Chair Baudek called the meeting to order at 8:00 a.m.
CONSENT AGENDA
MINUTES
The minutes of the August 10,1999 meeting were accepted as presented.
LOT 2, KENOFER ADDITION, JOHN & CAROL CONGER, APPLICANTS -
VARIANCE REQUEST FROM SECTION 17.20.040 (b) (1) b OF THE MUNICIPAL
CODE. Charles Phillips, designer for the applicant, explained the variance request.
The lot is long and narrow with two-thirds being unbuildable due to a steep slope.
The building could be built on the lot without the setback variance; however, the
applicants wish to skew the building envelope in order to avoid looking directly into
the neighbor’s windows. The contours of the lot are also more compatible with the
house on an angle. By allowing the variance, rock outcroppings on the east side of
the driveway would also be spared.
Lonnie Sheldon from Van Horn Engineering also pointed out the advantages of
grading, lessening site disturbance and improved driveway approach. Due to the
contours of the land, a walk-out basement is more workable on the skew. The angle
on the driveway would also be less. He noted that one of the adjacent property
owners, Sam Gates, was inadvertently left off the application list. They met with him
yesterday to review the site and variance request.
John Conger, applicant, commented that at the time they purchased the property,
they were told it was in the County and had 15 foot setbacks. They have also
spoken with their neighbors just below who were pleased that the house would be
angled away from the neighbor’s back windows.
Sam Gates, adjacent property owner to the west, was just apprised yesterday. He
asked for clarification of the setback requirements. Commissioner Sager pointed out
that the setback for E estate in the county (property to the west) is 50 feet. Town
setbacks for this site is 25 feet from all lot lines. The variance would affect only the
west property line setback.
The original plat indicated that the property was E-estate. When Charles Phillips
contacted the county, they advised setbacks were 50 feet, but when asked about this
particular piece of property, someone advised it would only be 15 feet. Since he did
not get a name, no one will confirm that now.
Senior Planner Joseph briefly reviewed the staff report. He understands the purpose
of the site plan and that it is more considerate of the neighbors; however, it is still
BRADFORD PUBLISHING CO.RECORD OF PROCEEDINGS
Board of Adjustment
September 14,1999 Page 2
staff’s opinion that the applicant has not demonstrated the required need or hardship.
The building can be built on the property without the need for a variance. He also
noted that there have been no public comments, written or phoned, regarding this
variance.
Commissioner Newsom commented that after looking at the site, he agrees with the
reasons for the variance. Commissioner Sager noted that even though there is a 50-
foot setback for the property to the west, it could possibly be annexed into the city so
that property line desen/ed the required setback as well.
It was moved and seconded (Sager/Jeffrey) to deny the variance request for Lot
2, Kenofer Addition and it passed unanimously.
REPORTS
Commissioner Sager expressed his appreciation to Van Horn Engineering for having
the building envelope and property corner staked. Chair Baudek requested Staff for
a report on the issue of better staking and marking of building and properly lines on
subject variance sites. Senior Planner Joseph advised that a more explicit
requirement is being considered in the proposed Development Code. In the
meantime. Staff will request more detailed staking on the properties. Lonnie
Sheldon from Van Horn Engineering noted that there is a serious complication of
staking out property lines due to legal ramifications of state statutes. If you put in a
stake that represents a property line, it must be platted.
Commissioner Newsom requested that packets be distributed on Wednesday before
the meeting if at all possible.
There being no further business. Chair Baudek adjourned the meeting at
8:32 a.m.
'yYj _______
Meribeth Wheatley, Recording Secretary