HomeMy WebLinkAboutminutes.boa.19970918BOARD OF ADJUSTMENT SEPTEMBER 18 , 1997
Charlie Paterson opened the regular meeting at 4:05 p.m. Jim Iglehart, Ron
Erickson, Rick Head and David Schott were present. Howard DeLuca was excused
and Dan Martineau was absent. City Staff present were David Hoefer and Sara
Thomas.
CONTINUED PUBLIC HEARING:
CASE # 97-07, CRUM RESIDENCE, 991 UTE AVENUE
Charlie Paterson opened the continued public hearing and asked the applicant for
proof of notice. David Hoefer, assistant city attorney, stated for the record the
affidavit of notice was legal and the board could proceed. He commented that there
were 5 letters in support of the variance.
Jackie Lothian, Deputy City Clerk, read the following letters into the record: James
DeFrancia, Edward Stanley Sanditen, Susan Fleet Welsch, Jill Choyka and Molly
Campbell (the Gant). All the letters were in support of the variance being granted.
Warren Palmer, architect, said Tom and Cathy Crum, applicants, hired him. On the
site plan, he pointed out the irregular configuration of the lot. There was prior
approval, in 1983, for the construction of the second floor, but the bedroom was not
added at that time. Palmer noted the change in zoning from 1979 and 1983 to the
present (from a 5’ set back to a 10’ set back). He said the north elevation indicated
the second floor addition and size.
Paterson asked about the outside staircase. Palmer replied that staircase was
necessary because the interior spiral staircase did not meet the UBC requirements.
Rick Head questioned the 13’ exception on drawing A2. Cathy Crum answered that
when they bought the property it was in place and never found out anything about it.
Ron Erickson asked the applicant for the practical difficulty or hardship. Palmer
answered that from the magnitude of mature landscaping on the east side and with
the change in zoning, adding the shape of the lot and configuration left only a 20’
buildable area. He noted the topography also gains almost a full story of elevation
along Ute Avenue, therefore that part of the site would require extensive excavation,
which would destroy that area. Erickson questioned the outside staircase as FAR.
Thomas explained that the required egress would be allowed in the set back.
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BOARD OF ADJUSTMENT SEPTEMBER 18 , 1997
PUBLIC COMMENT:
Susan Welsch, 10 Ute Place, stated that she supported the project and was very
involved in the neighborhood. She placed a letter into the record.
Cynthia DeFrancia, 17 Ute Place, said there would be no or very little impact on the
neighborhood. She noted that her husband wrote a letter of support for the record.
Cathy Crum, applicant, stated that from the list of surrounding property owners, she
was surprised that only 5 people had local addresses. She said that she was pleased
that those neighbors were supportive.
BOARD COMMENT:
Jim Iglehart commented that the variance request seemed fair.
Rick Head said philosophically he was in favor of granting this variance. He had
made notes earlier on practical difficulty but the standards were not in the staff
memo. He said there was encroachment on a set back now, which posed no
problems for the neighborhood.
David Schott noted the lot was odd and reiterated what the other board members
had said.
Ron Erickson stated the lot was odd and therefore any future owner should take this
into account. He did not think that the change in code was a hardship. He said
there was a practical difficulty in tree removal for trees over 6” in diameter, so then
landscaping would become a practical difficulty. He did not agree that people
should build bigger houses on small lots, but he would reluctantly grant the
variance.
Charlie Paterson read the granting of this variance will not confer special privileges
to this parcel in that it is a non-conforming lot in regards to both lot width and
minimum lot size. In addition, the structure is non-conforming due to a code change
which increased the minimum required side yard setback. These conditions were
not directly caused by any actions of the applicant.
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BOARD OF ADJUSTMENT SEPTEMBER 18 , 1997
MOTION: Rick Head moved to approve the request for a 4 foot 6 in ch
east side yard setback variance to allow for construction of a 235 square
foot second story addition, and an exterior stairway, at 991 Ute Avenue,
finding that the review standards are met. Ron Erickson second.
APPROVED 5-0.
MOTION: Ron Erickson moved to adjourn at 4:40 p.m. Jim Iglehart
second. ALL IN FAVOR.
Jackie Lothian, Deputy City Clerk
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BOARD OF ADJUSTMENT SEPTEMBER 18 , 1997
CASE # 97-07, CRUM RESIDENCE, 991 UTE AVENUE ................................ ................................ .............. 1
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