HomeMy WebLinkAbout09/25/2003CITY OF WHEAT RIDGE
BOARD OF ADJUSTMENT
AGENDA
September 25, 2003
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board
of Adjustment on September 25, 2003, at 7:30 p.m., in the City Council Chambers of the
Municipal Building, 7500 W. 291h Avenue, Wheat Ridge, Colorado.
3. PUBLIC FORUM (This is the time for anyone to speak on any subject not appearing on
the agenda.)
A. Case No. WA-03-13 (continued from August 28, 2003): An application filed
by William Hinkley for approval of a partial waiver of Section 26-501 (Parking
Requirements) AND a partial waiver of Section 26-502 (Landscape
Requirements) AND an increase to maximum lot coverage for property zoned
Commercial-One (C-1) and located at 4892 Marshall Street.
V�K# WAV311310
A. Approval of minutes — August 28, 2003
KI 1441
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lixio ION a 1i I OFUKTV
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ACTION REQUESTED: Approval of a partial waiver of Section 26-502 (landscape requirements),
and approval of an increase to maximum lot coverage in the C -1 zone
district and approval of a partial waiver to Section 25-501 (parking
standards),
NAME & ADDRESS OF APPLICANT (S): B & B Heating
4892 Marshall Street
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER (S): same
APPDXIMATE AREA: 11,060 square feet (.25 Acres)
PRESENT ZONING: Commercial-One (C-1)
PRESENT LAND USE: Heating and Air Conditioning Shop
SURROUNDING ZONING: N & E.- Commercial-One W: Commercial -One, Agriculture
One
DATE PUBLISHED: June 12, 2003
DATE POSTED: June 12, 2003
DATE LEGAL NOTICES SENT: June 12, 2003
ENTER INTO THE RECORD:
(X) CASE FILE & PACKETIMATERIALS
(X) ZONING ORDINANCE
SUBDIVISION REGULATIONS
(X) EXHIBITS
(X) OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been
met, therefore, there is jurisdiction to hear this case.
MENJUL02=1
The property in question is located at 4896 Marshall Street, and is currently a heating and air
conditioning shop facility. The property is zoned Commercial-One (Exhibit 1, Zoning
The applicant and owner, B & B Heatiniz and Air Conditioning, is requesting three separate variances
with this application (Exhibit 2, Deed). Request "A" is a request for approval of a partial waiver to the
landscaping requirements. Request "B" is a request for an increase to the maximum allowable lot
coverage. Request "C" is a request for approval of a partial waiver to the parking standards.
11. SITE PLAN
The Code of Laws requires the minimum rear yard setback in the C- I zone district to be 15 feet,
when the building is adjacent to public right-of-way. The site plan shows the proposed addition
to be set back 15 feet from Lamar Street.
Board of Adjustment
WA-03-13/B & B Heating
at approximately $200,000. Jefferson County records show the existing building has an actual
value
• $193,000. This is an increase of over 100% in value. Based on this; the applicant is
required to install the maximum amount (100%) of required landscaping for the district. The
required amount of landscaping for a C- I property is 20% of the lot area,
The lot is . 11,060 square feet in size. Twenty percent of 11,060 square feet is 2,212 square feet.
The applicant would be required to install 2,212 square feet of landscaped area. The applicant is
proposing to install 858 square feet of landscaped area.
In addition to required street trees, the Code of Laws specifies that one tree and five shrubs be
planted for every 1,000 square feet of required landscaped area. Based on lot size, the applicant
would
• required to install 2,212 square feet of landscaping. This would mean the applicant
would be required to plant an additional 3 trees and I I shrubs to satisfy tile Code requirement,
The existing parking area does not meet the current parking standards, as required by the Code of
Laws.
The site plan details three parking spots on the cast interior of the building. Because of
occupancy separation, these spots may not be located near areas of office use. Thes e three
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building. These parking spaces may be utilized provided the building is constructed in
accordance to the Uniform Building Code with respect to interior parking.
trice &7qT =77" an7'ATqT=S are TraerreiaTea, ZeUro in response
to the following criteria. Where possible, all three requests will be combined to respond to the
criteria.
1. Can the property in question yield a reasonable return in use, service or income if
permitted to be used only under the conditions allowed by regulation for the district in
which it is located?
Board of Adjustment
WA-03-13/B & B Heating
Req�« • : If the requests are denied, the property may still receive a reasonable
return in use. The property is currently utilized as a heating and air conditioning office and
shop, and this use may continue, regardless of the outcome of these variance requests.
2. If the variance were granted, would it alter the essential character of the locality?
ORE
win en requi
spaces on the interior would restrict the future use of this building.
3. Does the particular physical surrounding, shape • topographical condition of the
specific property involved result in a particular and unique hardship (upon the owner)
as distinguished from a mere inconvenience if the strict letter of the regulations were
carried out?
Request A and B: The lot does not have a unique shape. It does have frontage on both
Marshall and Lamar Street. The lot is relatively flat.
• • on the Marshall Street frontage is situated in a
precarious location, however, opportunities for additional parking could be accomplished
oil the Lamar Street frontage. Currently, the Lamar Street frontage is used as a large
outdoor storage area, a use that is not allowed in this zone district.
4. Has the alleged difficulty or hardship been created • any person presently having an
interest in the property?
• The applicant has created a self-imposed hardship. It appears that the
lot is simply too small to accommodate a building addition of this size. If the storage area
on Lamar Street were to be removed, additional parking spaces could be located at the rear
of the building.
B���est C�. The request could impact the surrounding neighborhood. The parking
deficiency would create a displacement of parking spaces on surrounding properties, or
force customers and staff to park in and along the right-of-way.
6. If criteria I through 5 are found, then, would the granting of the variance result in a
benefit or contribution to the neighborhood or the community, as distinguished from
an individual benefit on the part of the applicant, or would granting of the variance
result in a reasonable accommodation of a person with disabilities?
Atq!jest A
Upon review of the above request, staff concludes that the above criteria are not supportive of
the variance request. Staff has found that there are not unique circumstances attributed to the
request that would warrant approval of a variance. Therefore, staff recommends DENIAL for the
following reasons:
person having interest in the property has created the hardship.
2. The expansion of the building could be decreased to accommodate other
landscaping opportunities.
3. There are no unique circumstances relative to the shape or topography of the
property.
Re �B
Upon review of the above request, staff concludes that the above criteria are not supportive of
the variance request. Staff has found that there are not unique circumstances attributed to the
request that would warrant approval of a variance. Therefore, staff recommends DENIAL for the
following reasons:
1. A person having interest in the property has created the hardship.
2. There are no unique circumstances relative to the shape or topography of the
property.
Board of Adjustment 6
WA-03-131B & B Heating
RN!Le—stC
Upon review of the above request, staff concludes that the above criteria are not supportive of
the variance request. Staff has found that there are not unique circumstances attributed to the
request that would warrant approval of a variance. Therefore, staff recommends DENIAL for the
following reasons:
Board of Adjustment 7
WA-03-13/B & B Heating
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DEPARTMENT OF MAP ADOPTED: June 15, 1994
rLANNII-* AND DEVELOfMENT Last Revision: SeeLtmber 10, 2001
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UEE T I \ AR[AK'GE FOR RELIHEF FROV, A MENIMU? ", 20% OF E..O
REOU,EBT 2 s VARIA.40!0 FOR 12E.x,.! V,, 807 MAXIMUM LO i OOVE�A E
R EOUIREMEI4T PER 5EO 26 -218 rOMMERGIA. - Of' 'E P15TR'iC7' (0 -1)
PAPKING ALA Y i _ _ _ ""t�7A PE,�T- 11,0400 50.FT1
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NEW ADDITION
FOR ,._._...,. .....�.._..._...�...___...,_.._
&B HEATING
4892 MARSHALL STREET
WHEATRIDGE, COLORADO 80033 �� -.���°
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4892 MARSHALL STREET
WHEATRIDGE, COLORADO 80033
V,LLIAM w ' HPNK+.ZY ARD+' TECT PH (303) 75;.-4016
3001 SOU"m JMAA�CA COUP,7 #1-4, , AURORA, CO 80014
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heating and
Air Conditioning, Inc.
July 15, 2003
Nomad Lawn & Property Maintenance
4890 Marshall Street
Wheat Ridge, CO 80033
Attn: Damon & Katie Hensley
H1
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lie parking area at all times.
Please sign below as acceptance and return to B&B Heating & Air Conditioning, Inc.
Thank you in advance for your cooperation and we look forward to the new
improvements soon to begin.
Print Name: D&Mcll
Date:
CITY • WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: September 25, 2003 DATE PREPARED: September 15, 2003
CASE NO. & NAINIE: WA-03-19/Hargenreter
CASE MANAGER: Travis Crane
ACTION REQUESTED: Approval of a 2 -foot side yard setback variance, resulting in a 9-foot
front yard setback when adjacent to a public street, and approval of a 15-
foot rear yard setback variance, resulting in a 15-foot rear yard setback
when adjacent to a public street,
APPDXIMATE AREA: 13,200 square feet (30 Acres)
PRESENT ZONING: Residential-One
PRESENT LAND USE: Single-Family Residential
SURROUNDING ZONING: N; S- E. &
Residential-One
A
SURROUNDING LAND USE: N* �SE &W: Single-Family Residential
DATE PUBLISHED: September 11, 2003
DATE POSTED: September 11, 2003
DATE LEGAL NOTICES SENT: September 11, 2003
Et"I -1 V_K IN
1U
(X)
(X)
(X)
(X)
'If�ff,_FITECORD:
CASE FILE & PACKET MATERIALS
ZONING ORDINANCE
SUBDIVISION REGULATIONS
EXHIBITS
OTHER
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and Posting requirements have been
met, therefore, there is jurisdiction to hear this case.
MEMEM
The property in question is located at 2835 Newland Court, and is currently the residence for the
applicants. The property is zoned Residential-One (Exhibit 1, Zoning Map).
The applicants and owners, Stan and Sharon Hergenreter, are requesting two separate variances with this
application (Exhibit 2, Deed). Request "A" is a request for approval of a 2 1 -foot side yard setback
variance resulting in a 9-foot side yard setback.
Request "B" is a request for approval of a 15-foot rear yard setback variance resulting in a 15-foot rear
yard setback (Exhibit 3, Letter of Request). The northwest comer of the garage will be located 15 feet
from the right-of-way, however most of the western side of the gara . 11
66 �e wi be, loca
ME •
as originally published as a 24-foot side Yard variance, however,
upon review by Staff, it was detennined that the structure would have been located within the sight
distance triangle. The applicants then modified the request, resulting in a request for a 2 1 -foot side yard
setback. The applicants may request a lesser variance, that is, the variance request may
be gran
lesser distance. , ted for a
Request "A" is a request for a 21 -foot side yard
setback variance from the required 30-foot sid
yard setback when a acent to a public street in the • I district. • Request "B" is a request for a
nn
15-f•• t rear yard setback variance from the required thirty-foot rear yard setback when adjace 11
to a public street. The property has frontage on three, streets; Newland Court, West 28"' Place a
Otis Court (Exhibit 4, Site Plan).
All other development standards, including maximum lot coverage and structure height, will be
met. The applicant has been advised that the distance between the detached garage and the h ouse
must be at least three feet, pursuant to the Uniform Building Code. The site plan shows the
detached garage will be at least three feet from the existing structure.
Milli a 1011101111
Kr�i #Frqa 1.
Board of Adjustment
WA-03-19/Hargenreter
The City has received a signed petition Of support from adjacent neighbors (Exhibit 5, Petition).
Ill. VARIANCE CRITERIA
Staff has the f comments regarding the criteria used to evaluate a variance request, Because the
requests are inter-related, they will be discussed in tandem, However, each request will
separate motion. warrant a
permitted to be used only under the conditions allowed by regulation for t com i
I. Can the property in question yield a reasonable return in use, service or in e f
which it is located? he district in
Re9��r: If the requests are denied, the property may still receive a reasonable
return in use. The property is currently utilized as a single-family residence, and this use
may continue, regardless of the outcome of these variance requests, Granting of these
requests will provide a level of convenience for the applicants,
3. Does the particular Physical surrounding, shape or topographical condition of the
specific property involved result in a particular and unique hardship (upon the owner)
as distinguished from a mere inconvenience if the strict letter of the regulation were
carried out?
Board of Adjustment
WiL M
more mature trees prevent the construction of t I he detached garage in the southwest comer
of the property.
4. Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
6. If criteria I through 5 are found, then, would the granting of the variance result in a
benefit or contribution to the neighborhood or the community, as distinguished froni
an individual benefit on the part of the applicant, or would granting of the variance
result in a reasonable accommodation of a person with disabilities?
The requests could Potentially result in a contribution or benefit to the
neighborhood by providing off-street parking for the applicants. This would also be a
convenience for the property owners, The requests would not result in a reasonable
accommodation of a person with disabilities.
IV. STAFF CONCLUSIONS AND RECOMMENDATIONS
Each variance will require a separate motion,
RNMest A
Upon review of the above request, staff concludes that the above criteria are supportive of the
variance request. Staff has found that there are unique circumstances attributed to the request that
would warrant approval of a variance, Therefore, staff recommends APPROVAL for the
fallowingreasons:
4. Granting of the variance will not be detrimental to the public welfare or
injurious to the surrounding area.
With the following condition:
I - The existing shed located near the northern property line is moved to a
location on the property where it can meet all required setbacks.
gN,yest B
Upon review of the above request, staff concludes that the above criteria are supportive of the
variance request. Staff has found that there are unique circumstances attributed to the request that
would warrant approval of a variance. Therefore, staff recommends APPROVAL for the
following reasons:
Board of Adjustment
WA-03-19/Hargenreter
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WEBB=
Please sign your full name address and date if you
approve of our const�ructing a garage.
Thank you,
Stan and Sharon Hergenreter
2835 Newland Court
NAME ADDRESS DATE
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C-!'-r7-E
Members Present: Tarn Abbott'
Bob Blair
Bill Echelmeyer
P ILI 1 d
a" vv an
Bob Howard
Larry Schuh
Members absent: Paul lard
Staff Present: Meredith Reckert Senior Planner
Mike Pesicka, Planning Technician
Ann Lazzeri, Secretary
Board of Adjustment Page
08,128/03
the third continuance for the case and staff has advised the applicant further continuances
would probably not be entertained.
This case was presented by Mike Pesicka. He entered all pertinent documents into the
record which were accepted by Vice Chair HOVLAND. He advised the Board there w
jurisdiction to hear the case and reviewed the staff report and digital presentation. Sta
recommended approval of the case for reasons outlined in the staff report. I
Board Member ECHELMEYER stated that he recalled this case was presented to the
Board five or six years ago. Mr. Pesicka stated that a thorough check of records indicated
that this is the first such request for this property.
Vice Chair HOVLAND stated that he recalled a similar case in this neighborhood.
Vice Chair HOVLAND asked to hear from the applicant.
Adam Orcholski
Mr. Orcholski appeared on behalf of his mother, Janina Orcholski (the applicant) because
she does not speak English. He was swom in by Vice Chair HOVLAND.
Roger Weis
Champion Contractors
Mr. Weis, representing the contractor, was sworn in by Vice Chair HOVLAND. He
stated that he had nothing to add to Mr. Pesicka's presentation. He submitted photos of
sunrooms similar
• the one planned to be built for Ms. Orcholsk
In response to a question from Board Member ECHELMEYER, Mr, Orcholski stated that
his mother has lived in the present location for the past ten years. He further stated that
this is the only application for a variance that his mother has submitted to the city.
In response to a question from Board Member BLAIR, Mr. Weis stated that the propos
addition would absorb the present entryway. I
Board of Adjustment Page 2
08/28/03
Board Member ABBOTT asked the reason for requesting a sunroom rather than a regular
room. Mr. Weis explained that the proposed addition would be a prefabricated sunroom.
Board Member SCHULZ asked if the room would be used primarily during the summer.
Mr. Weis replied that the applicant could use the room year-around because full-code
electric is planned to be installed which would allow the applicant to install electric
baseboard heating.
Board Member HOVLAND commented that be found it difficult to find a hardship in th
case even in light of the house being located on a comer lot. I
Upon a motion by Board Member SCHULZ and second by Board Member BLAIR,
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-
03-17 be, and hereby is, APPROVED.
U
Im
im
Type of Variance: A 10 -foot front yard setback variance from the 30-foot front
yard setback requirement resulting in a 20-foot front yard setback to allow
construction of a 10 -foot by 15-foot sunroom.
For the following reasons:
With the following conditions:
R--2z.4 $F hWo
appearance of the home and was pleased that the addition would absorb the present
entryway.
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Vice Chair HOVLAND advised the applicant that her request for variance was approved.
OLD BUSINESS
There was no old business to come before the Board,
MinuLes of July 24, 2003 - It was moved by Board Member HOWARD and
seconded by Board Member ECHELMEYER to approve the minutes of July 24,
2003 as presented. The motion passed unanimously.
Board of Adjustment Page 4
08/28/03
Board Member BLAIR infom - ted the Board that he would not be present for the
September meeting.
In response to a question from Board Member HOVLAND, Ms. Reckert stated that
two positions (planner and building inspector) will be eliminated from the
Community Development Department in October.
III WR 1=#J V11 I PRIMA
PAUL HOVLAND, Vice Cha
Board of Adjustment i
Ann Lazzeri, Secretary
Board of Adjustment
Board of Adjustment
08/28/03