HomeMy WebLinkAbout06/28/2001CITY OF WHEAT RIDGE
BOARD OF ADJUSTMENT
AGENDA
June 28,2001
Notice is hereby given of a public hearing to be held before the City of Wheat Ridge Board of
Adjustment on June 28, 2001, at 7:30 p.m., in the City Council chambers of the Municipal Building,
7500 West 29th Avenue, Wheat Ridge, Colorado.
3. PUBLIC FORUM (This is the time for anyone to speak on any subject n
appearing on the agenda.) i
A. ' Case No. WA-01-03 (continuedfirom Me�y 24, 2001): An application filed by Compass
Montessori for approval of a 1.5 foot front yard setback variance from the required 30 foot
front yard setback resulting in a proposed 28.5 foot front yard setback for property located
at 10399 West 44 and zoned Restricted-Commercial (R-C).
B. ' Case No. WA-01-07 (continuedfrom May 24, 2001): An application filed by Abundant
Grace Fellowship for approval of a waiver to the parking lot buffer requirement on the
northern parking lot of property located at 4535 Wadsworth Blvd. and zoned
Residential-Two (R-2).
R�H] all all 113
B. Discussion of New Bylaws
C:\Kadiy\B0AtAgendas\01 0628,wpd
CASE NU. &NAME: WA-01-03 /Compass CASE MANAGER: Mary Austin
ACTION REQUESTED: Request for a one and a half (1.5) foot front yard setback variance from the thirty
(30) foot front yard setback requirement for the purpose of accommodating a school
addition.
NAME & ADDRESS OF APPLICANT(S):
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10399 West 44 Avenue.
Compass Montessori School
10399 West 44 Avenue
Wheat Ridge, CO 80033
APPROXIMATE AREA: 1.77 acres
PRESENT ZONING: R-C, Restricted-Commercial; & A-1, Agricultural-One
PRESENT LAND USE: Public Charter School
SURROUNDING ZONING: N: R- 2A & PRD, S: and E: PRD, & W: C -1 & R-2
SURROUNDING LAND USE: N: Multi-Family Residential & Vacant
S: and E: Multi-Family Residential
W: Commercial & Duplex Residential
DATE PUBLISHED: May 4, 2001
DATED LEGAL NOTICES SENT:
May 10, 2001
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.
1. REQUEST
The property in question is located at 10399 West 44 11 Avenue and is currently being used for a Public
Charter School. The property is zoned R-C, Restricted Commercial (west) and A-1, Agricultural One
(east) (Exhibit 1, Zoning Map).
The property is nearly square in shape and has frontage on both W. 44 Ih Ave. (south) and Miller St.
(west). In May, 2000, a Conditional Use Permit was granted to Compass Montessori for an expansion
of approximately 10,300 square feet for the school. The approved site plan for the Conditional Use
Permit showed the new addition in compliance with the 30 foot front yard setback.
The addition was not built to plan specification, and upon completion, it was discovered that the
foundation wall of the building encroached by 1.5 feet into the required front yard setback. The applicant
has submitted a site plan showing the current location of the new building and the 28.5 foot front yard
setback. (Exhibit 3, Site Plan).
The applicant has also submitted a letter outlining the reasons for the requested variance (Exhibit 4,
Applicant Letter). If the variance is denied the applicants have stated that renovations would delay the
start of school in the fall, and could drastically affect the school's income. The variance is a result of
errors made by the architect and general contractor.
Ill. VARIANCE CRITERIA
Staff has the following comments regarding the criteria used to evaluate a variance request:
1. Can the property in question yield a reasonable return in use, service or income if
Board of Adjustment Page 2
WA -01 -031 Compass
permitted to be used only under the conditions allowed by regulation for the district in
which it is located?
If the variance is denied the use of the property for a school could still continue. However,
denial of the variance request would force the school to relocate the exterior wall of the new
addition 1.5 feet to the north in order to come into compliance with the 30' front yard setback.
The renovation process would temporarily displace students and faculty.
2. If the variation were granted, would it alter the essential character of the locality?
Approval of this request would not alter the essential character of the neighborhood. The 1,5'
encroachment is on the south side of the school in the front yard setback, which fronts West
44 th Avenue, The encroachment is minor and would have no impact on surrounding
properties.
3. Would the particular physical surrounding, shape or topographical condition of the
specific property involved result in a particular hardship (upon the owner) as
distinguished from a mere inconvenience if the strict letter of the regulations were
carried out?
would have no affect • public safety, The use of the property will remain as a school
regardless of the outcome of the variance request so it will have no impact on increasing
congestion in the streets. The requested variance should not be detrimental to the public
welfare or injurious to other property or improvements in the neighborhood.
If criteria a through e are found, then, would the granting of the variance result in a
benefit or contribution to the neighborhood or the community, as distinguished from
individual benefit on the part
► the applicant, or would granting of the variance resul
in a reasonable accommodation of a person with disabilities? I
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Board of Adjustment Page 4
WA-0 1 -03 / Compass
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The administrators, teachers,
and parents ot'Campass
Akritessori School aim to
nurture she whole cbild,
adpcing to meet each srudent'
unique intellectual, enwriona4
soc;al, p;sysw,;4 and spirmial
needs. Our goal it to foster
competent, responsible, and
independent citizens who are
innovative problem solvers,
At Compasi Monresyory
students will learn to respect
rhemselvec other people, and
the environment. In addition,
we will strive to instill
life-long love o fearning
10399 West 44th Avenue
Wheat Ridge, CO 80033
(303) 420-8288
email:
compass@jefTco.kl2.co.us
City of Wheat Ridge
7500 West 29 Avenue
Dear Mr. White:
Please accept the enclosed Land Use Processing Application. Compass Montessori
School at 10399 W, 44 Avenue is requesting a minor variance from the 30' setback
requirement along 44 Avenue. The school is requesting an administrative variance of
28.6 feet from the required 30-foot setback.
Please feel free to call if you need further information.
Sincerely,
Richard Fulton, Principal
A
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APB; 2
FP=
website: hup://204,9&L2/ I
services/schools,html I EXH1131T 4
CASE NO. & NAME: WA-01-07
CASE MANAGER: Travis Crane
ACTION REQUESTED: Approval of a waiver to the parking lot buffer requirement
NAME & ADDRESS OF APPLICANT(S): Abundant Grace Fellowship Church
4535 Wadsworth Boulevard
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER(S): same
APPROXIMATE AREA: 49,223 square feet (1.13 Ac)
PRESENT ZONING:
PRESENT LAND USE:
Residential-Two (R-2)
Church
DATE PUBLISHED: MaA�
DATE POSTED: May 10, 2001
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.
I. REQUEST
The property in question is located at 4535 Wadsworth Boulevard and is currently zoned Residential-Two
(R-2) (Exhibit 1, Zoning Map), The property is currently being used as a church.
IL SITE PLAN
The applicant has submitted a site plan detailing the new parking as well as a six foot fence to screen the
parking lot (Exhibit 5, Applicant Site Plan). The proposed fence would have been constructed to match the
existing chain link fence on the west side of the property.
Staff has not received objections, but a letter of support was submitted by the neighbor directly to the north
(Exhibit 6, Neighbor Letter).
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?
If the request is denied, the property may still receive a reasonable return in use. The church may
incur additional cost to construct the buffer, but it may still be used as a church.
Z. If the variance were granted, would it alter the essential character of the locality?
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 regulations were carried
out?
This lot does not have any particular physical condition creating a hardship. It is rectangular in shape
and relatively level. The hardship involved with this variance is strictly monetary,
4. Has the alleged difficulty or hardship been created by any person presently having all
interest in the property?
The applicant, who has interest in the property, has created a self-imposed hardship by failing to
meet a condition of approval when the original application was filed and approved in June of 2000.
6. If criteria a through e are found, then, would the granting of the variance result in a bene
or contribution to the neighborhood or the community, as distinguished from an individu -
benefit on the part of the applicant, or would granting of the variance result in a reasonab
accommodation of a person with disabilities?
This potential waiver would not contribute to the neighborhood or community in any positive fashion.
This waiver was requested based on a desire to save money. This waiver would not result in a
reasonable accommodation of a person with disabilities.
Board of Adjustment Page 3
WA-0 I -07/Abundant Grace Fellowship
1. Approval of the waiver could possibly alter the essential character of the locality,
2. This waiver is based solely on a desire to save money.
3. The buffer requirement was an original condition of approval of the parking lot.
Board of Adjustment Page 4
-0I -071Abundant Grace Fellowship
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Abundant Grace Fellowship
4535 Wadsworth Blvd., Wheat Ridge, CO 80033 Ph.303-423-2625
Douglas L. Crook, Pastor
EXnIBIT 31
As a Church our resources are limited and we are interested in avoiding this
unnecessYry expense if at all possible. However, we will, of course, promptly abide by
your ruling if you should decide to deny our request.
Your consideration of our request is much appreciated. I
It a
Property Owner
Property Address ; 4535 WAD WORTH
,,,;nz,ra,c,cr `w:cense i %ic.
Date : /5/2000
C ompany : Co llegiate
P hone
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Construction Value
5,5tD Q
Permit F :
5195 25
Plan Review Fee
3w
Use Tax :
$275,00
Total:
S470.5
Im
BUILDING DEPARTMENT USE ONLY
Zd #fitVi SIC: Sq. Ft
Approval: MR 6/2/00 - 6` fence required along northern parking lot, boundary by
Zoning R -2 separate permit
C }nrl Pleas
uitdin Comments: contactor zs r - scx
lines and C ^^
Approval: OK/DM
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Pub��c1?U'c�rks�C:orx�m+eri�s: , _ arcs
... b :.w 5131100 - Please see review sheetlor comments
Appro�ui :OKIM
Occupancy: Walls ; Roof : Stories : Residential Units
Electrical license No
Company
Plumbing license o
Company
Mechanical license No
Company
Expiration Date Expiration bate : Expiration Cate
Approval : Approval : Approval
"STING W
FENCE
A" LINK
6. FENCE TO SCRMN
PARKING LOT
11 5' _OUT RETAINING WALL WITH
90 LF OF CONC,
55 LF OF HANDRAIL EXSTtNO CRS
- MR!
8' {TYP 1
9' (Typ.)
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TRASH ENCLOSURE WTH
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EXHIBIT
ALLIANCE DEVELOPMENT SERVICES ASSUMES No RESPONSIBILITY F�A GThRv
LOCATION& THE UTILITIES SHOW • T141S DRAWNG HAW BEE N PLOTTED VkOU 0
5
SST AVAILABLE INFORMATI • N. IT IS. H • WEVER, THE CO NTRACT • WS RESP ONSIBILITY
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TO FIELD VERIFY THE LOCATION OF ALL UTILITIES PRIOR TO THE COMMENCEMENT OF
EX,
ANY coNsTRuchow
"STING W
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A" LINK
6. FENCE TO SCRMN
PARKING LOT
11 5' _OUT RETAINING WALL WITH
90 LF OF CONC,
55 LF OF HANDRAIL EXSTtNO CRS
- MR!
8' {TYP 1
9' (Typ.)
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TRASH ENCLOSURE WTH
CONC. PAD
(SEE DETAIL)
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4990.5
4990,0
—4990.5—
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30 0 15 30
ORIGINAL SCALE:
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EXISTING
CONTOURS
PROPOSED
EX,
CONTOURS
EXISTING EDGE OF
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PROPERTY LINE
(APPROX. LOCATION)
EXISTING CHAIN LINK
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PROPOSED SCREEN
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OVERHEAD UTILITY POLE
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OVERHEAD UTILITY POLE
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EVERGREEN TREE
EXISTING CUR
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4990.5
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ORIGINAL SCALE:
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The area of my property that is immediately adjacent to my
neighbor's parking lot is • plowed garden. There are no houses on my
property or any adjacent properties that would be affected by the headlights
of their parking lot traffic. The shield of the privacy fence is not necessary.
I am opposed to such a fence being built between our properti
because it would deny a convenient access to the back part of my prope
that my neighbors have allowed me use. I
Sincerely,
,L� 4-o-01
City of Wheat Ridge
Planning and Development Department
Memorandum
TO: Board of Adjustment
I June 19, 2001
TUP-0 1 -0 1 due to a lack of a quorum, we received notice from Walmart to withdraw their
request for a temporary garden center,
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2. ROLL CALL
Members Present:
Tom Abbott
Michelle Brown
Paul Drda
Bill Echelmeyer
Paul Hovland
Bob Howard
Jerry Montoya
Members Absent:
Kent Young
Staff Present:
Alan White, Planning Director
Mary Austin, Planner
Travis Crane, Planner
Mike Pesicka, Planning Technician
Ann Lazzeri, Secretary
Board of Adjustment Page 1
04/26/01
A. Case No. WA-01-01 - An application filed by Shayne Ankoviak for approval of a
10-foot side yard setback variance from the required 15-foot side yard setback
resulting in a proposed 5-foot side yard setback for the purpose of constructing a
garage addition for property zoned Residential-One (R- 1) and located at 12141
West 32"' Drive.
In response to a question from Board Member ABBOTT, Travis Crane explained that
Board Member ABBOTT asked for clarification regarding potential problems for
neighbors if the variance were granted. Travis Crane explained that staff did not believe
property values would be impacted; however, there could be potential drainage problems
to a neighbor caused by run-off from the roof of the proposed structure.
Board of Adjustment Page 2
Q4/Z6/0l
Board Member MONTOYA expressed concern about ice encroaching into the neighbors
driveway caused by shade of the proposed structure. Mr. Ankoviak replied that there
would be no difference in the amount of ice on the neighbor's driveway.
In response to questioning from Board Member ABBOTT, Mr. Ankoviak- replied that he
plans to build the garage from materials that would match the house.
There were no other individuals present who wished to address the Board.
Whereas, the property has been posted the fifteen days required by law; and in
recognition that there were no protests registered against it; and
p 11111111�1111111pp�1!111 i!
Board of Adjustment Page 3
04,126/01
For the following reasons:
1. The addition would be more in line with the existing character of the
neighborhood.
2. The proposed addition would be located on the west side of the propert , 0
Y,
whereas on the east side the city forester indicated there would be a proble
in removing four mature trees.
With the following conditions:
1. The addition must be compatible in design and building materials to the
current existing structure of the house.
2. The building inspectors will address the drainage issue before the building
permit is issued.
Board Member ABBOTT offered the following friendly amendments:
Add the following reasons:
The Board recognizes that there are other properties in the immediate
17 V
Letters/petitions of support for the desirability of the additional garage and for
support of the 10-foot encroachment have been submitted by eleven immediately
adjacent neighbors. Also expressed by these neighbors was the opinion that the
addition would "enhance the value of our homes."
The variance would, although not primary to purpose, provide accommodation for
a disability as described in the application.
1111�1111qiiii
Add a conon that the adjacent neighbor provide a letter to the city stating that
he understands and accepts the impact of shade on his property from the proposed
structure before a building permit is issued.
Board Member ECHELMEYER stated he would vote against the application because he
did not believe there is evidence of a valid hardship in this case.
Board of Adjustment Page 4
04/26/01
Tam Stang
6295 'West 4 "' Avenue
M Stand, the applicant, was sworn in by Chair HOWARD. H e stated one of the reasons
for his desire to build a garage is to get his vehicles off the street. Because he lives on a
Beard of Adjustment Page 5
04/26/01
Board Member BROWN inquired as to the possibility of extending the present garage.
Mr. Stano explained that existing easements would prevent this option.
Board Member HOVLAND expressed concern with the size of the requested variance
and would be more inclined to vote for a lesser variance. Mr. Stano suggested that he
could move the front yard setback a few feet,
Debra Stano
6295 West42 n ' Avenue
Ms. Stano was sworn in by Chair HOWARD. She stated that building a garage in t
back yard would destroy the ambience for all of the adjacent neighbors. I
significantly change the look
• the neighborhood.
Board Member BROWN shared concern about the large size of the structure which would
be too close to the street.
Upon a motion by Board Member ABBOTT and second by Board Member
ECHELMEYER, the following resolution was stated:
111�11��1�1111�qil J 1111111 plillill I
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Whereas, Board of Adjustment Application Case No. WA-0 1 -04 is an appeal to this
Board from the decision of an administrative officer and
Board of Adjustment Page 6
041-76/01
Whereas, the property has been posted the fifteen days required by law; and in
recognition that there were no protests registered against it; and
D. Case No. WA-01-05: An application filed by Paul Mintken for approval of a 12-
foot side yard setback variance from the 30-foot side yard setback requirement
Board of Adjustment Page 7
04/226/01
w t ing apt
for the purpose of constructing a garage addition for property located at 3071
Union Street and zoned Residential-One.
In response to a question from Board Member DRDA, Ms. Austin explained that her
visual inspection of the site revealed an extremely steep driveway on the north side. The
neighbor across the street from the applicant's driveway expressed concern about vehicles
running into her home from the driveway.
Paul Mintken
3071 Union Street
Mr. Mintken was sworn in by Chair HOWARD. He stated that several options have been
discussed with designers. The steep driveway facing north is extremely hazardous during
the winter and they would like to improve this situation. He contacted all of the
neighbors and gave them opportunity to review the blueprints. The neighbors are highly
in favor of the application.
Board Member ABBOTT inquired about the adjacent neighbor who lives within
Lakewood city limits. Mr. Mintken replied that he has contacted this neighbor, also, and
he is also in favor of the application.
Chair HOWARD inquired about plans for the front yard if the application is approved.
Mr. Mintken replied that, once the present driveway is removed, he would build a
sidewalk down the side of the house to the proposed garage and build steps down to West
3 1 5 ' Place.
require removal of the present driveway within 90 days of receiving a certificate of
occupancy for the new garage.
Stacie Mintken
3071 Union Street
#
Vie Ticignolir 7 VIM 17 int; variance is grainct,
explained that the garage would face the neighbor's garage.
Board of Adjustment Page 8
04/26/01
Twormu
NiONTOYA, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board 'of Adjustment Application Case No. WA-0 1 -05 is an appeal to this
Board from the decision of an administrative officer; and
Whereas, the property has been posted the fifteen days required by law; and in
recognition that there were no protests registered against it; and
Whereas, the relief applied for may be granted without detriment to the public welfare
and without substantially impairing the intent and purpose of the regulations governing
the City of Wheat Ridge.
6. It would not negatively alter the essential character of the surrounding
neighborhood.
7. It could result in a benefit to the neighborhood by correcting the potentially unsafe
driveway conditions.
With the following conditions:
The concrete driveway onto West 3 1 Place shall be removed within 90 days of
obtaining a certificate of occupancy for the new garage addition.
The motion passed by a vote of 7-0.
5, CLOSE THE PUBLIC HEARING
Chair HOWARD declared the public hearing closed.
6. OLD BUSINESS
There was no old business to come before the Boarl
VANNEINAMWIMIM
A. Approval of Minutes - It was moved by Board Member HOVLAND and
seconded by Board Member ABBOTT to approve the minutes of October
26, 2000. The motion carried unanimously.
B. Election of Officers - Michelle Brownwas elected as Chair and Jerry Montova
was elected as Vice Chair.
C. Bylaws - There was consensus of the Board to have the City Attorney review the
Board of Adjustment Bylaws, particularly as they relate to procedures to be
followed when an applicant fails to appear.
11111ir q1I 1111111irl 1
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I; MITI MW I 1 11
BOB HOWARD, Chairman Ann Lazzeri, Secretary
Board of Adjustment Board of Adjustment
Board of Adjustment Page 10
04/26,101
*H 4
City of Wheat ridge
Planning and Development Department
Memorandum LOR'' 0
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
BY-LAWS
ARTICLE 1: MEETINGS
Regular hearings before the Board of Adjustment shall be held on the fourth Thursday of
each month beginning at 7:30 P.M, provided however, if Thursday falls on a City
holiday, the Board will convene on the next Thursday which does not conflict with
Planning Commission, or on a date, otherwise set b a affirfflative vote of A majori!Y
y aL
ofthe Board.
2. Special meetings and/or hearings shall be held at the call • the Chairman and at such
other times that the Board shall determine.
3. All hearings shall be open to the public. Hearing notice shall be by news pa
publication, site posting and letter notice as provided in Section 26-109 of the Cily of
Wheat Ridge Code of Laws
- ---------- I
I Every
owners ttprettl regutst for relief shall be made to the Board in the name of the owner or
of the affected property or his or her or their designee-, and shall include the data
required in sueh the applicable formi-, so as to supply all the information (including such
plans or plats as may • necessary) required for a clear understanding of the case ftn4
intelligem ft by the Board.
2. Any n communication purporting to be mi appeal or petitio a request for relief. shall
be regarded as it mere notiee of intefftion to seek reli such until it is made in the form
required (including gll required 4ata docUmentation).
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The app ell a nt applicant shall prove his or he case by presenting evidence in accordance
with the pr o f # • r
65. The Board shall not be required hold hearings on proposals requests which have been
app • denied within the previous twelve (12) calendar months, unless new
evi
been due diligence presented at the orig
N
Every decision • the Board on any case shall • • resolution indicating the reasons of
the Board therefor. Resolutions shall specify type of action requested, amount gf relief
granted for what purpose and any stipulations or condition�.
Members Present Votes Needed to Approve
8 6
7 6
6 5
5 4
3. The case may be continued, tabled or postponed by a vote of simple majority for an
indefinite period of time or for a given period of time. If the case is continued or tabled
for an indefinite period • time, the case shall be reset and renotified. If the case is
continued or tabled for a definite time, no additional notice shall be given.
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Ua Can the proVeM in gugstiLm yield a reasonable Uturn in Mse. sel:vice.
incoMe if Rel:Mittgd Iq bg usedgply q Ltidgr the gogdifiqLis aIIQ_wed,,
regulatign for the district in which it is located? I
fAJ If the ygriaggg were granted, would it alter the essential, character of the
localily?
M
If criteria a through e are found, then, would the granting of the variance
result ip, a, hgngfit or con1r:ihytion tq the peighb_orhqqd Qr the com, muni!y, as
distinguished, frpman in4ividual hengfit on the part of the applicapi,,o
woMid granting L)f thg yLtriancerg�qlt in a reasonable accommodation !Rf a
person with disabilities?
Amendments
• these Rules of Procedure may be proposed and approved by the Boari,
of Adjustment at any regular meeting "pen the affirmative vote of a simple majority of
members present., a"d eopies CopieN
• such amendments shall be filed with the City
Attorney and thereafter, forwarded to the City Council for approval.
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Ua Can the proVeM in gugstiLm yield a reasonable Uturn in Mse. sel:vice.
incoMe if Rel:Mittgd Iq bg usedgply q Ltidgr the gogdifiqLis aIIQ_wed,,
regulatign for the district in which it is located? I
fAJ If the ygriaggg were granted, would it alter the essential, character of the
localily?
M
If criteria a through e are found, then, would the granting of the variance
result ip, a, hgngfit or con1r:ihytion tq the peighb_orhqqd Qr the com, muni!y, as
distinguished, frpman in4ividual hengfit on the part of the applicapi,,o
woMid granting L)f thg yLtriancerg�qlt in a reasonable accommodation !Rf a
person with disabilities?
Amendments
• these Rules of Procedure may be proposed and approved by the Boari,
of Adjustment at any regular meeting "pen the affirmative vote of a simple majority of
members present., a"d eopies CopieN
• such amendments shall be filed with the City
Attorney and thereafter, forwarded to the City Council for approval.
M
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absence or disability of the Chairman. Neither the Chairman or Vice Chairman shall be
eligible to succeed himseW or herself In the absence of both the Chairman and Vice
Chairman, the senior member of the Board shall preside.
2. The Chairman, subject to these rules, shall decide all points of orderor "A procedure,
unless otherwise directed by a resolution passed by a simple majority of the Board
members present-ftf4he-time.
3. The secretary, who shall not be a member of the Board, shall be provided by the City to
record minutes of meetings, assemble documents, duplicate reports, and perform such
other clerical duties as the Board shall from time to time assign. Such clerical employee
shall serve under the immediate supervision of the head of the department assigned to
work with the Board.
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