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HomeMy WebLinkAboutminutes.boa.19970821Board of Adjustment August 21, 1997 Charles Paterson opened the special meeting at 4:05 p.m. with members Rick Head, Ron Erickson, Jim Iglehart, Howard DeLuca and David Schott present. CASE 97-07 CRUM - 991 Ute Avenue Sara Thomas, community development department, told the Board this case was not noticed properly. It will be re-noticed and continued to September 4th Erickson moved to table case 97-07 to September 4; seconded by Head. All in favor, motion carried. MINUTES Head moved to approve the minutes of May 1, cases 97-05 and 97-06; seconded by Erickson. All in favor, motion carried. CASE 97-09 BELLIS 941 E. COOPER AVENUE Paterson said this is a request to temporarily relocate and store a historic home of 800 feet for 90 days. David Hoefer, assistant city attorney, told the Board an affidavit of notice has been provided indicating the notice requirements have been complied with. Hoefer said the list of property owners receiving notice has not been provided. Dave Rybek, Poss & Associates, told the Board that the applicant has received approval from city Boards to remodel to a historic structure at 1008 E. Hopkins. This request is to temporarily relocate the historic structure to 941 E. Cooper Avenue for a period of 90 days while excavation and foundation work is being done on the E. Hopkins site. Rybek said after the foundation has been constructed, the house will be relocated back to its permanent location. Rybek said the structure will be fenced for safety reasons. Rybek pointed out the building fits within the building envelope on Cooper Avenue. Jane Hattem, resident of East Cooper Court Condominiums, told the Board one major concern is safety of her young child. Ms. Hattem said existing historical structures around town do not look safe. Another concern is the improvements she has done to this complex while waiting for the project to be finished. Ms. Hattem said relocating this building here will destroy their work on the properties. Rybek 1 Board of Adjustment August 21, 1997 said their intention was to place an 8 foot chain link around the building during temporary storage. Sara Thomas, community development department, said chain link fences are not permitted; fences visible from the right of way have to be wood, stone or iron. Rybek said this being moved to property not owned by the condominium association. Paterson said there is a letter in the packet from Bob Langley, East Cooper Condominium Association, which states they own this property, parcel B, and that they have no objection to temporarily store this structure. Ms. Hattem said this land has been sold but is part of the condominium association. Ms. Hattem presented a letter from a neighbor questioning what happens if the weather is bad and the house has to be there more than 90 days. Rybek said they have applied for a building permit, hope to receive a demolition permit within the next week, and have filed for an excavation permit. Rybek said they plan to be done within the 90 days period. Hoefer pointed out the city received a letter from Mark Tye, property owner of 935 E. Cooper, supporting the Hattems’ objection of locating a building on this property for safety reasons and having the house removed within the 90 days. Rybek said this location is only 2 blocks away and has fewer problems in moving to this location. The Board discussed the type of fencing allowed in the city. Ms. Thomas said construction sites are allowed orange net fences. DeLuca asked if it would be possible to write into the variance that a chain link fence is allowed temporarily for safety reasons if it is hidden behind a construction fence. Hoefer pointed out this was not advertised as part of the variance. Rybek said they would try and work within the regulations for the fence. Rybek told the Board the house will sit on a tire rig, a stack of I-beams, while it is stored temporarily. Rybek said they could enclose the structure with plywood and make sure the cavity is not exposed and also use construction fence around it. Erickson asked if a bond will be posted. Amy Amidon, community development department, said a bond is posted and it usually has to do with the historic structure. Erickson said the last temporary storage they had held a fine of $1,000/day if stored over the allotted time. Erickson said he would like to see a bond in place for this project. Head moved to approve the request to temporarily relocate a historic structure from 1008 East Hopkins to a vacant lot located at 941 East Cooper for a period not to 2 Board of Adjustment August 21, 1997 exceed 90 days, finding that the review standards have been met and also to require that a safety fence be erected around the house in accordance with city zoning, and that the property will be restored to its original condition upon vacation; seconded by Erickson. Roll call vote; DeLuca, yes; Erickson, yes; Head, yes; Iglehart, yes; Paterson, yes. Motion carried. CASE 97-08 PATERSON, BOOMERANG LODGE 500 W. HOPKINS Charles Paterson stepped down. Paterson provided copy of notice which meets Code requirements. Head noted the applicant is asking for a 2’6” rear yard setback to allow for construction of an elevator. Paterson told the Board 4 years ago he reconstructed the west end of the Boomerang Lodge, the top story. Paterson said increasingly people are having difficulty with stairs. Paterson said these units are not handicap accessible. Paterson said he decided to install an elevator and showed the Board the plans of proposed elevator. Paterson said there is no way he can put this elevator within the existing footprint. A 5’ by 3’6” platform is needed for ADA compliance. Head said some parking will be lost; however, there is more on site than is required. The Boomerang is also under allowable floor area ratio. Paterson is asking for 2’6” by 17’4” in order to accommodate moving the laundry room to move it away from guest rooms. The present laundry room will be used for storage and folding of linens. There were no members of the public present to object to this variance request. Head closed public comments. DeLuca said it should be identified that the variance is going all the way to the top of the building, not just the elevator but the entire 17’4”. DeLuca said he does not have a problem with granting a variance for the elevator; the laundry room is not a hardship but a convenience. However, the way the building is designed, there would be little visual impact from this addition. DeLuca said he feels this is not the minimum variance. Erickson said he does not feel this variance is a problem. Iglehart agreed. Erickson moved to approve the request for a 2’6” rear yard setback over 17’4” length to allow for construction of an elevator and laundry facility at 500 West Hopkins, finding that the review standards are met; seconded by DeLuca. Roll call 3 Board of Adjustment August 21, 1997 vote; board members Iglehart, yes; Erickson, yes; DeLuca, yes; Schott, yes; Head, yes. Motion carried. Erickson moved to adjourn; seconded by Schott. All in favor, motion carried. Minutes transcribed by Kathryn Koch, City Clerk 4 Board of Adjustment August 21, 1997 CASE 97-07 CRUM ................................ ................................ ................................ ............ 1 - 991 UTE AVENUE MINUTES ................................ ................................ ................................ ................................ ............................. 1 CASE 97-09 BELLIS 941 E. COOPER AVENUE ................................ ................................ .............................. 1 CASE 97-08 PATERSON, BOOMERANG LODGE 500 W. HOPKINS ................................ ........................... 3 5