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HomeMy WebLinkAboutminutes.boa.19951102 RECORD OF PROCEEDINGS BOARD OF ADJUSTMENT NOVEMBER 2, 1995 Chairman Charles Paterson called the meeting to order at 4:10 p.m. Present were: Charles Paterson, Rick Head, Howard DeLuca, and Jim Iglehart. Excused were Ron Erickson and David Schott. The clerk informed the Board that Erickson requested the election of Vice-Chairman be removed from the agenda and rescheduled at a later time when all members of the Board were present. The Board honored the request and the election is scheduled for the November 30, 1995 meeting. CASE #95-14 JOSEPH & JUDITH ZANIN Paterson opened the public hearing and informed the applicant, Joseph Zanin, that four votes were needed to pass the application, and informed the applicant if he wished to postpone to another time certain when more members were present, he could do so. Zanin chose to proceed with the hearing. Proof of Posting Affidavit was presented by the applicant. Attached in record. Paterson read the variance requesting a variance of 8 feet into the front yard for a garage addition. The applicant was not represented by counsel. Zanin presented and stated when he built his house 30 years ago there were not many restrictions and he had the setback at that time. Zanin said he wanted to make an addition to his garage because he now has a one car garage; he has two automobiles and one is parked on the street. The Homeowners' Association of his subdivision would like the car off the street and parked in a garage which would be partially hidden from view from the street. Zanin presented photographs showing where he parked his second car and other two-car garages in the neighborhood. Zanin said the driveway would be the same and would not be widened. Paterson asked about the additional building to the side of the garage. Zanin replied and referred to the additional building as a shed and said it would be removed. Head asked of Alan Fox. Zanin answered Fox was a homeowner in his neighborhood and a member of the Homeowners' Association. Zanin stated he had to get approval from the Homeowners' Association for the garage addition. Head asked if there was a letter from the Homeowners' Association. Zanin replied there was a letter attached in the application from Don Fleisher which made reference of Alan BOARD OF ADJUSTMENT NOVEMBER 2, 1995 Fox's approval. Attached in record. Drueding stated the Planning Office supported the application. Drueding mentioned Zanin was to save certain trees shown on the site plan by going around them; some aspen trees would have to be removed along the edge. Head said he felt it was a safety point to get cars off the street. DeLuca asked for clarification and viewed the site plan. DeLuca asked the depth of the existing garage. Zanin replied the depth of the existing garage was 21 feet. DeLuca stated his concern was a 25 foot garage depth and the Board was to give the minimum variance. Head stated the encroachment was on the front so it would not really matter what the Board granted on the back part. Iglehart asked to view the building permit sets. The Board viewed the plans and had random discussion regarding the size of the vehicles, the required space needed for additional garage space and the access to the garage. David Hoefer, Assistant City Attorney, entered the meeting and introduced himself. Hoefer said he would be attending most of the meetings of the Board of Adjustment in the future. Paterson closed the public portion of the meeting. There were no public comments. DeLuca asked what the situation would be, if in the future, another owner decided to build a second floor. Drueding responded there would be the need to grant another variance because it would be decreasing a non-conformity over the setbacks. The Board would be granting only a variance for the garage. Iglehart stated he was fine with the request. Head stated he found no problems with it and liked to get this kind of application, especially with the support of the Planning Office. Head said he was in favor of granting the variance. Paterson stated his only concern was he had not heard a hardship except for the fact that the applicant had to park on the road. Paterson felt it was a practical difficulty; other neighbors in the vicinity had two-car garages; it was an open area; so, he was in favor of granting the variance. 2 BOARD OF ADJUSTMENT NOVEMBER 2, 1995 MOTION Head moved to approve Case No. 95-14 for the reasons mentioned. Iglehart seconded. Vote was Paterson, aye; Head, aye; Iglehart, yes; DeLuca, yes. Unanimous in favor, motion carried. Paterson stated a resolution would be made up for the approval of the application. The clerk confirmed the next meeting date of November 30, 1995 and informed the Board of a party scheduled for that same date for all Boards and Commissions of the City at 5:00 - 7:00 p.m. The clerk inquired as to whether the time for the regular meeting should be moved to an earlier time. Paterson responded if there was just one applicant the time should remain the same at 4:00 p.m. If there were more applicants the time should be moved earlier to 3:30 p.m. The Board agreed. The resolutions drafted by city attorney and typed by the clerk were discussed. Iglehart asked if plans were attached to the resolutions. Drueding replied the plans were kept in the city clerk's office. Drueding stated if the Board felt any information presented was pertinent the Board should note it as an exhibit to be kept by the clerk in the applicant's file as part of the record. Iglehart asked if applicants, in their applications to come before the Board, are required to have that kind of information to present. Drueding stated it is stated that the zoning office is to see that an application is complete. He said he could advise an applicant to submit the minimum, but it is the applicant's case and he had limitations, and the information discussed was not required. DeLuca asked regarding the Warner Bros. 5 foot rear yard setback variance granted; he did not remember it being for the entire length of the property. The reason for the 5 foot rear yard setback being granted was for a swimming pool. Hoefer stated DeLuca's point was well taken, the Board needs to be as specific as possible when writing things down, so there is no question; just reading the resolution itself. Iglehart asked if it would be wise of the Board not only to state what the variance was given for, but also put a statement, "per attached plans". Hoefer stated that was a great idea and suggested the language "pursuant to the plans submitted". 3 BOARD OF ADJUSTMENT NOVEMBER 2, 1995 Paterson stated he would like to have more details on the resolutions instead of short sentences. Drueding stated he felt the Board had to "highlight" the reasons for granting or denying variances. Paterson stated he had written the language, "as per plans submitted" on the resolutions when signing them. DeLuca said specific locations, setbacks, and footage should be written into the motions. He said it is a matter of record and something to go back to. MINUTES MOTION Head moved to approve the minutes of October 12, 1995, Case #95-11, Winfield Arms Condominimum Association; Iglehart seconded. Unanimous in favor, motion carried. MOTION Iglehart moved to approve the minutes of October 12, 1995, Case #95-12, Warner Bros. Records, Inc.; DeLuca seconded. Unanimous in favor, motion carried. MOTION Head moved to approve the minutes of October 12, 1995, Case #95-13, Larry Ledingham/Norma Dolle - Snow Queen Lodge; Iglehart seconded. Unanimous in favor, motion carried. Hoefer stated if any members of the Board had any questions before the hearings to feel free to call him. He advised to send a copy of the resolution to the applicants after recording with a cover letter. MOTION Head moved to adjourn the meeting; Iglehart seconded. Unanimous in favor, motion carried. Meeting adjourned at 4:40 p.m. Respectfully submitted, 4 BOARD OF ADJUSTMENT NOVEMBER 2, 1995 Sharon M. Carrillo, Deputy City Clerk 5