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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