HomeMy WebLinkAbout03/23/2000
CITY OF WHEAT RIDGE BOARD OF ADJUSTMENT
Minutes of Meeting
March 23, 2000
ORIGINAL
1. CALL THE MEETING TO ORDER: The meeting was called to order by Chair
HOWARD at 7:30 p.m. on March 3,2000 in the Conncil Chambers of the Mnnicipal
Building, 7500 West 29th Avenue, Wheat Ridge, Colorado.
2. ROLL CALL
Alan White introduced Jerry Montoya as the new Board of Adjustment member representing
District III.
Members Present:
Michelle Brown
Bill Echelmeyer
Bob Howard
Paul Hovland
Linda Mauro
Jerry Montoya
Members Absent:
Tom Abbott
Staff Present:
Alan White, Planning Director
Mary Austin, Plarmer
Gerald Dahl, City Attorney
Ann Lazzeri, Secretary
The following is the official set of Board of Adjustment minutes for the Public Hearing of March
23,2000. A set of these minutes is retained both in the office of the City Clerk and in the
Department of Plarming and Development of the City of Wheat Ridge.
3. APPROVE THE ORDER OF THE AGENDA
It was moved by Board Member MAURO and seconded by Board Member
MONTOYA to approve the order ofthe agenda. The motion carried 6-0 with Board
Member ABBOTT absent.
4. PUBLIC FORUM
(This is the time for anyone to speak on any subject not appearing on the agenda.)
There was no one signed up to speak.
5. PUBLIC HEARING
A. Case No. TUP-OO-01: (continuedfrom February 24,2000) An application filed by BGT
Enterprises for approval ofa temporary use permit to maintain existing storage ofRV's at
10165 West 49th Avenue (Lot 3) and to allow commercial vehicle display and storage at
10145 West 49th Avenue (Lot I) without lot improvements. Said properties are zoned
Commercial-One.
This case was presented by Alan White. He reviewed the staff report, ~resented slides rn:d
overheads ofthe subject property and entered all pertinent documents mto the record which
were accepted by Chair HOWARD. He advised that all notification and posting
requirements had been met and there was jurisdiction for the Board to hear the ~ase. He
answered the five criteria used in evaluating a request for a temporary use permit. Staff
recommended denial of the application for reasons outlined in the staff report.
Board Member ECHELMEYER expressed concern that there has been a temporary use on
this site since 1987. Mr. White stated that staff shared that concern as well as the concern
that no outside storage, other than the allowed RV storage, should occur in this area.
In answer to a question from Chair HOWARD, Mr. White stated that the applicant has not
been operating without a TUP since 1986, although there have been several TUP's granted
over this period of time.
Terry Oman
8305 S. Wadsworth, Littleton
Mr. Oman, the applicant, was sworn in by Chair HOWARD. He stated he purchased the
property four and a half years and has spent considerable funds to improve the property. He
noted that the overhead was taken at the time he bought the property and therefore does not
show the improvements. At the time of purchase, the entire area was RV storage. Since that
time the property was divided in to five lots, three of which have been sold to and developed
by Foothills Bank, Burger King and Amoco Oil. RV storage is now confined to a portion of
the two remaining lots which are being marketed. He has also begnn road improvements
which will be completed upon the sale of those lots. He would like to keep the RV storage
and U-Haul business for cash flow nntil the lots are sold. He stated that it is not his intent to
keep renewing the TUP. He would rather have the U-Hauls on the triangular portion of the
property rather than placing all RV's in that area with screening. He would like to display
eight vehicles in the subject area which is visible from the street. Other U -Haul vehicles
would be placed north of his office which would not be visible from the street. He
commented that this is the third time the U-Haullocation has been changed but the first time
it has become a problem.
In response to a question from Board Member MAURO, Mr. Oman stated that he intends to
keep gravel in the area where the U-Hauls are displayed.
Board Member MONTOYA asked if the applicant had the right to store RV's in the area
where the U-Haul vehicles are presently displayed. Mr. White replied there is no evidence
that RV storage would not be permitted in the area.
Alan White read into the record a memo dated January II, 2000 to Meredith Reckert, Senior
Plarmer from Martin Orner, Economic Development Specialist.
Chair HOWARD asked if anyone wished to speak to this matter. There was no response and
no one had signed the public hearing roster.
Board of Adjustmenl Minutes Page 2
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Board Member MONTOYA asked ifhe should vote on this matter since it was continued
from the February meeting beforehe was a member ofthe Board. Chair HO:" ARD advised
that he could vote because the matter was not discussed at the February meetmg.
Upon a motion by Board Member HOVLAND and second by Board Member the
following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. TUP-OO-Ol is an appeal to this
Board from the decision of an administrative officer; and
Whereas, the property has been posted the required fifteen days by law and 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 regulations governing
the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No. TUP-OO-
01 be and hereby is APPROVED.
Type of Variance: Temporary Use Permit to allow for rental ofU-Hauls on the portion
of property known as Lot No.4.
For the following reasons:
1. The Board finds that based on the evidence presented and based on the Board's
conclusions relative to the five specific questions to justify the temporary use
permit, the evidence and facts in this case do support the granting of this
request.
With the following conditions:
1. The Temporary Use Permit is not to exceed one year or until the property is
sold.
2. The area for displaying the U-Haul vehicles would not hold more than eight (8)
vehicles, including trucks and trailers; and the portion for viewing will be
limited to approximately sixty (60) feet heading east from Street A and
approximately forty (40) feet heading south from Street B, creating an
approximate triangle in that area.
Board of Adjustment Minutes
03123-00
Page 3
Board Member MAURO offered an amendment to add a third c.ondition whic~ would
require four to six inches of gravel to be placed in the U-Haul display area which would
extend to the curb. This amendment was accepted by Board Member HOVLAND.
The motion died for lack of a second.
Upon a motion by Board Member ECHELMEYER, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. TUP-OO-Ol is an appeal to this
Board from the decision of an administrative officer; and
Whereas, the property has been posted the required fifteen days by law and there were
no protests registered against it; and
Whereas, the relief applied for may not be granted without detriment to the public
welfare and without substantially impairing the intent and purpose of regulations
governing the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No. TUP-OO-
01 be and hereby is DENIED.
Type of Variance: Temporary Use Permit to allow for rental ofU-Hauls on the portion
of property known as Lot No.4.
For the following reasons:
1. The Board concurs with the staff's conclusions and the Economic Development
Specialist's conclusion that this property, if given a Temporary Use Permit for a
year, would present a traffic hazard to the area; it would have a blighting effect
on the area, which is blighted to a degree now; and it would be detrimental to
the program that the City Council has outlined, even to the point of asking for
contributions to improve this particular site area for the betterment of the
community.
The motion died for lack of a second.
Upon a motion by Board Member MAURO and second by Board Member BROWN, the
following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, Board of Adjustment Application Case No. TUP-OO-Ol is an appeal to this
Board from the decision of an administrative officer; and
Board of Adjustment Minutes
03123-00
Page 4
Whereas, the property has been posted the required fifteen days by law and there were
no protests registered against it; and
Whereas, the relief applied for may be granted without detriment to t~e public w~lfare
and without substantially impairing the intent and purpose of regulatIOns governIng
the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No. TUP-OO-
01 be and hereby is APPROVED.
Type of Variance: Temporary Use Permit to allow for rental ofU-Hauls on the portion
of property known as Lot No.4.
For the following reasons:
1. The Board finds that based on the evidence presented and based on the Board's
conclusions relative to the five specific questions to justify the temporary use
permit, the evidence and facts in this case do support the granting of this
request.
With the following conditions:
1. The Temporary Use Permit is not to exceed one year or until the property is
sold.
2. The area for displaying the U-Haul vehicles would not hold more than eight (8)
vehicles, including trucks and trailers; and the portion for viewing will be
limited to approximately sixty (60) feet heading east from Street A and
approximately forty (40) feet heading south from Street B, creating an
approximate triangle in that area.
3. Four to six inches of gravel will be placed in the U-Haul display area and the
gravel will extend to the curb.
The motion failed by a vote of 3-3 with Board Members MONTOYA, HOWARD and
ECHELMEYER voting opposed, and Board Member ABBOTT absent.
B. Case No. WA-00-02: (continuedfrom February 24,2000) An application filed by Trailer
Source, Inc. for an interpretation of allowed uses as listed in their Plarmed Commercial
Development (Tabor Development Plarmed Commercial Development Outline Development
Plan.) Said property is located at 4651 Tabor Street and zoned PCD.
This case was presented by Alan White. He reviewed the staff report, presented overheads
of the subject property and entered all pertinent documents into the record which were
accepted by Chair HOWARD. He advised that all notification and posting requirements had
been met and there was jurisdiction for the Board to hear the case. Staff recommended
Board of Adjustment Minutes Page 5
03123-00
denial of the application for reasons outlined in the staff report. He entered a letter dated
March 14,2000 from Kenneth G. Brengle, Jr., President of the West Chamber indicating his
support for the applicant's request. The letter was made a part ofthe case file.
Board Member BROWN asked the staffs reason for the opinion that the sale of all-terrain
vehicles (ATV's) and snowmobiles should not be allowed. Mr. White explained staffs
interpretation is that there is nothing similar to ATV's or snowmobiles in the list of
permitted uses for this development.
Mr. White requested that staff be given the opportunity for a closing statement before a
motion is considered.
Dick Scheurer
143 Union Boulevard, Suite 625, Lakewood
Mr. Scheurer stated there is ample evidence to support the finding that sales of ATV's and
snowmobiles are in the scope of the Plarmed Development approved by Council in 1995
lll1der the similar use provision.
James R. Blumenthal
5395 Easley Road, Golden
Mr. Blumenthal was sworn in by Chair HOWARD. He presented slides and a history of his
business which was started primarily for sales of horse trailers. Because there was a
demand for A TV's, these were added to the inventory line in 1997. The reason for selling
the snowmobiles and jet skis is that, in order to carry the Articat brand of ATV's, the Articat
dealership requires three lines to be carried (ATV's, snowmobiles and jet skis.) He pointed
out sales tax payments to the city have increased from approximately $4,000 in 1997 to
approximately $40,000 in 1999. He stated that when the additional!.3 acres was added to
the property and taken to City COlll1cil, the City COlll1cil voted against the sale of ATV's
and snowmobiles and ordered the city to take action against Trailer Source. He commented
that these types of sales have taken place since 1997 and the city never indicated they
couldn't do so until the matter went before City COlll1cil. He stated that customers are
allowed to drive an A TV around the property; however testing facilities are located off-site.
Since marketing changes are inevitable, he thought it was cumbersome to come before the
city every time a new item is marketed. He asked the Board of Adjustment to overturn the
previous direction and allow the sale of A TV's and snowmobiles which use is compatible in
character and impact with other allowed uses.
Board Member HOVLAND expressed concern that sales could be expanded to include dirt
bikes or other vehicles that don't require licenses. Mr. Blumenthal responded that they have
turned away similar products such as motorized bicycles.
Board Member MONTOYA asked if Trailer Source sold pickup trucks. Mr. Blumenthal
stated that, lll1der the original PCD, they are allowed to sell pickup trucks but are limited to
fifteen at anyone time.
Dick Scheurer returned to the podium. He presented a list of uses allowed in the Plarmed
Board of Adjustment Minutes Page 6
03/23-00
Commercial Development and stated his opinion that ATV's and snowmobiles are
compatible in character and impact with those uses. He commented that these uses are not
listed in the appropriate zone district; however, many products were not arolll1d at the time
the zoning ordinance was written. He stated it should not be necessary to rezone every time
a new product comes on the market. He had prepared an analysis of impacts listed in the
PCD as they relate to the sale of ATV's and snowmobiles and submitted copies of the
analysis to the Board members. This analysis was made a part of the case file. He stated
that the Blumenthal's have a record of cooperation with the City and there were no letters of
warnings or surrnnonses issued which indicated the sale of ATV's and snowmobiles were
not legallll1til the matter went to City Council. He stated there is case law that says when an
interpretation is required due to ambiguous language, the interpretation should favor the land
owner and not add more restrictions over what a landowner may do with his property.
He referred to the letter from Mr. Brengle of the West Chamber (earlier entered into the
record by Alan White) which expressed concern about business owners operating in a
plarmed development having to come before City Council each time they want to add a
product line. He also entered into the record a letter from Sergeant Jay Gray of the Wheat
Ridge Police Department which indicated traffic at the subject site has not been a problem as
well as a letter from Rosanna Colson and Ed Volleberg who indicated their support of the
application. These letters were made part of the case file.
In regard to Mr. White's request for rebuttal, he stated he had no objection to Mr. White
giving rebuttal. However, he did voice concern to the Board about counsel giving rebuttal
because he was not sure ifMr. Dahl represented the Board or Mr. White.
James Blumenthal returned to the podium. He stated that it was his intent to be a good
neighbor and not to do anything wrong. He stated that he felt he has been held lll1justly at
bay by others and asked the Board to rule in his favor.
Kim Stewart
11700 West 46th Avenue
Ms. Stewart was sworn in by Chair HOWARD. Ms. Stewart expressed her opposition to the
sale of ATV's and snowmobiles because she felt that each new product added increased
traffic impact on the neighborhood. She stated that she had contacted the police department
over the past years when she observed situations such as lll1attended semi's parked in the
northbound lane of Tabor Street. She also stated that she has contacted staff regarding
problems at Trailer Source. She asked the Board to consider that a loose interpretation in
this case would open the door for other situations which would have negative impacts on
neighborhoods.
Gerald Dahl, city attorney, stated that he plarmed to address the Board on behalf ofthe staff
and plarming director who interpreted the ordinance to say snowmobiles and ATV's are not
permitted on the PCD. He stated he was not representing the Board of Adjustment. Mr.
Scheurer indicated he had no objection to Mr. Dahl speaking on behalf of the staff.
Board of Adjustment Minutes
03123-00
Page 7
Mr. Dahl submitted copies of two documents entitled "Findings and Decision" and
"Memorandum of Points and Authorities: Administrative Official Charged with
Enforcement of a Statute or Ordinance" to the Board. These documents were entered into
the record and made a part of the case file. He stated these two documents uphold the
authority ofthe planning director's decision in this case. He stated that case law gives
deference to the decision of the plarming administrator in cases of ambiguous language.
He stated the fact that Trailer source pays taxes to the City of Wheat Ridge, has been a good
corporate citizen and that no city violations had been issued has no bearing on the
interpretation nor does the fact that Mr. Blumenthal chose not to sell dirt bikes. Further, the
similar use language does not refer to the idea of marketing driving the business and having
to come back whenever there is a new product line. He referred to Kim Stewart's
testimony that additional traffic generated by these product lines will cause a negative
impact to the neighborhood. He stated that the property was established as a PCD in 1995.
Snowmobiles and ATV's were in existence at that time but were not included in the list of
uses in the PCD. He reminded the Board that this is not general commercial retail, but a
PCD with a list of uses which needs to be adhered to. He urged the body to adopt these
findings by resolution.
Dick Scheurer returned to the podium for rebuttal. He stated that the Board's instruction
was to decide if ATV and snowmobile sales is a similar use in terms of character and impact
with other uses in the PCD. He stated that evidence shows that ATV's and snowmobiles
have a very close relationship and originated out of the equine uses. He stated that the
record is devoid of any information to form a basis for a finding that ATV's and
snowmobiles are more objectionable than other uses in the PCD. He asked the Board to
make a common sense decision in favor of the applicant.
Upon a motion by Board Member HOVLAND and second by Board Member BROWN
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, the Board of Adjustment Case No. W A-00-02 is an appeal to this Board from
the decision of an administrative officer; and
Whereas, the property was originally posted for the fifteen days required by law and in
recognition of protest 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 purposes of the regulations
governing the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No. W A-OO-
02 be interpreted to include possible ATV and snowmobile sales.
Board of Adjustment Minutes
03/23-00
Page 8
Type oflnterpretation: Interpretation of the permitted use regulations in a Planned
Commercial Development.
The Board finds that, based upon evidence presented and based upon the conclusions
relative to other similar uses, the applicant's request would be an approved use in the
Planned Commercial Development.
Board Member ECHELMEYER stated that he would be in favor of the application if the
semi traffic could be controlled.
Board Member HOVLAND stated that, while he shared a concern about traffic, there were
other items in the list of permitted uses that could generate at least as much traffic. He stated
that the Board's purpose was not to regulate the site but to determine if this is an intended
similar use.
In response to a question from Board Member MAURO, Mr. White explained that the
interpretation would only apply to the subject plarmed development and would not affect
other plarmed developments within the city.
Board Member HOVLAND asked if the interpretation could include traffic restrictions. Mr.
Dahl cited Section 2-61-D(3) of the city code which says the Board has the authority to
affirm, reverse or modifY.
Because a super majority vote is required, the motion failed by a vote of 4 to 2 with Board
Members HOWARD and MONTOYA voting no.
Dick Scheurer referred to a code provision which requires a simple majority in case of
interpretations as opposed to a super majority. Gerald Dahl informed Mr. Scheuerer that the
code had been amended within the last year to provide for a super majority vote in all cases
considered by the Board of Adjustment including cases of interpretation.
Chair HOWARD informed the applicant that the zoning administrator's interpretation will
stand.
(Chair HOWARD declared a brief recess at 10: 1 0 p.m. The meeting reconvened at 10:20
p.m.)
C. Case No. TUP-00-02: An application filed by Lisa Aiello for approval of a temporary use
permit to operate a retail garden, fresh produce market and Christmas tree lot from April 1,
2000 through March 31, 200!. Said property is located at 10590 West 44th Avenue and
zoned Agricultural-One.
This case was presented by Mary Austin. She reviewed the staff report, presented slides and
overheads of the subject property and entered all pertinent documents into the record which
were accepted by Chair HOWARD. She advised that all notification and posting
requirements had been met and there was jurisdiction for the Board to hear the case. She
Board of Adjustment Minutes Page 9
03/23-00
reviewed the five criteria involved in evaluating a temporary use permit. Staff
recommended denial of the request for reasons outlined in the staff report. If the proposed
business is going to operate on a continuous year-rolll1d basis, proper zoning with required
site improvements should be pursued.
Lisa Aiello
6364 Newland, Arvada
Ms. Aiello was sworn in by Chair HOWARD. She supplied copies of her presentation to
members ofthe Board. She stated that, even though this is her second request for a TUP, it
was not her intention to make a yearly request. She intended to give the business a two-
year trial period and then pursue purchase of the property, request a rezone and build a
permanent structure for her business.
Pat Aiello
1096 Aspen Drive, Clear Creek County
Mr. Aiello, the applicant's father, was sworn in by Chair HOWARD. He stated that, if the
TUP is granted and the business does well again this year, they will definitely negotiate a
purchase of the property and come back to the city for a zoning change.
Board Member HOVLAND expressed concern about noise resulting from the change in
location for the refrigerated trailer which would affect the apartments located to the south.
Ms. Aiello stated her intent in changing the location ofthe trailer from last year is to provide
more visibility for her tent. Mr. Aiello stated that there were no complaints about noise from
the trailer last year; however, they would be willing to abide by the Board's wishes
concerning the location of the trailer.
Board Member HOVLAND asked if the applicant had complied with last year's condition
that the space beneath the trailer be enclosed with plywood. Mr. Aiello stated they did not
add an enclosure because they determined there was no problem with noise.
Chair HOWARD questioned the reason for requesting a full year, which is a change from
last year's TUP which expired on December 31. Ms. Aiello explained that, since she was
plarming to purchase the property, it would be easier to leave the equipment on the property
rather than moving it at the end of December only to bring it back again in another three
months. She indicated, however, that she would be willing to accept an expiration date of
December 31 this year.
Larry Olson
11556 West Kentucky Drive, Lakewood
Mr. Olson, owner of the subject property, was sworn in by Chair HOWARD. He verified
that he would be willing to sell the property to the applicant but indicated he needed another
year to take care of title matters, etc. in order for this to happen. He also owns the property
next door to the west. In response to a question by Board Member ECHELMEYER, he
stated that this location was a site for a fruit market from 1950 through the 1970's.
Page 10
Board of Adjustment Minutes
03/23-00
Kathy Weiss
4370 Moore Street
Ms. Weiss was sworn in by Chair HOWARD. She presented a petition containing
signatures from the surrolll1ding neighbors who were in favor of the application.
Upon a motion by Board Member MAURO and second by Board Member BROWN,
the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, the Board of Adjustment Application Case No. TUP-00-02 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 there were
no protests registered against it; and
Whereas, the relief applied for may be granted without detriment to public welfare and
without substantially impairing the intent and purpose of the regulations governing the
City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No. TUP-OO-
02 be, and hereby is, approved.
For the following reasons:
1. There were no complaints registered against last year's TUP.
2. The intent of the applicant was to operate on a two-year basis, and this would
be the second test year in that plan.
3. Plans do indicate a future property purchase if all goes well.
With the following conditions:
1. The site will be operated as the site plan has indicated on March 23, 2000. If
needed, plywood noise barriers will be erected on the refrigeration unit and
painted to match.
2. The hours of operation will be the same as last year: the unit may not be turned
on before 9:00 a.m. and must be shut off at 7:00 p.m. every night, including
weekends and during Sunday services for the church across the street.
3. The TUP shall last from April 1, 2000 to March 31, 2001.
The motion carried by a vote of 6-0 with Board Member ABBOTT absent. Chair
HOWARD advised the applic~t that her application was granted.
D. Case No. W A-00-03: An application filed by Daniel Grantham for approval of a 12-foot
side yard setback variance from the 15-yard side yard setback requirement for the purpose of
a garage addition for property located at 2970 Upham Street and zoned Residential-One.
Board of Adjustment Minutes Page 11
03/23-00
This case was presented by Mary Austin. She reviewed the staff report, presented slides and
overheads of the subject property and entered all pertinent documents into the record which
were accepted by Chair HOWARD. She advised that all notification and posting
requirements had been met and there was jurisdiction for the Board to hear the case. The ten
criteria used in evaluation of a variance request were reviewed and she noted that the city
had not received any objections to the application. Staff recommended denial of the request
for reasons outlined in the staff report.
Board Member MONTOYA expressed concern that the slides indicated there is a shadow
line from Mr. Grantham's structure on the property line and extending the garage would
shade a portion of the neighbor's property.
Daniel Grantham
2970 Upham Street
Mr. Grantham was sworn in by Chair HOWARD. He stated, for the record, that he was not
aware of the staffs recommendation for denial until the day before the hearing and was
therefore lll1able to contact his neighbors. In regard to establishing a hardship, Mr.
Grantham stated that he purchased the property under the impression that the previous
. owners had received approval to build a garage. The house to the north would be twenty-
two feet from the proposed addition and, therefore, would not alter the character of the
neighborhood. He stated he would be willing to reduce the size of his garage from twelve
feet to ten feet. The only alternative to this plan would be to build an additional garage in
the back of the property which he felt would not be in keeping with other homes in the area
and would present an inconvenience. He believed the proposed addition would also increase
property values in the area.
Upon a motion by Board Member ECHELMEYER and second by Board Member
BROWN, the following resolution was stated:
Whereas, the applicant was denied permission by an administrative officer; and
Whereas, W A-00-03 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 there were
no protests registered against it; and
Whereas, the relief applied for may not be granted without detriment to public welfare
and without substantially impairing the intent and purpose of the regulations
governing the City of Wheat Ridge.
Now, therefore, be it resolved that Board of Adjustment Application Case No. WA-OO-
03 be, and hereby is, denied.
Type of Variance: A 12-foot side yard setback variance from the IS-foot side yard
setback requirement for the purpose of building a garage addition.
Board of Adjustment Minutes
03/23-00
Page 12
1. This variance would considerably impact the property values in the area in that
there are no other properties within this particular zoning that have exceeded
the IS-foot side yard setback.
For the Following Reasons:
The motion carried by a vote of 6-0 with Board Member ABBOTT absent.
Chair HOWARD advised the applicant that his request had been denied.
5. CLOSE THE PUBLIC HEARING
Chair HOWARD declared the public hearing closed.
6. OLD BUSINESS
There was no old business to come before the Board.
7. NEW BUSINESS
A. Anoroval of Minutes It was moved by Board Member HOVLAND and seconded by
Board Member MAURO to approve the minutes of January 27, 2000 and February
24,2000. Motion carried 5-0 with Board Member MONTOYA abstaining and Board
Member ABBOTT absent.
B. Board of Adiustment Traininl!: Session - Since there are no cases scheduled to come
before the Board at its April meeting, Alan White armounced a training session to be held at
6:00 p.m. on April 27, 2000.
8. ADJOURNMENT
It was moved by Board Member HOVLAND and seconded by Board Member
ECHELMEYER to adjourn the meeting a111 :27 p.m. The motion unanimously carried.
C? ~ ~~L<J-~
BOB HOW RD, Chairman
Board of Adjustment
/ ~
~~~
Ann Lazzeri, Secretary
Board of Adjustment
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