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HomeMy Public PortalAboutZBAM 2008-01-16FRASER ZONING BOARD OF ADJUSTMENT MINUTES DATE: Wednesday, January 16, 2008 PLACE: Town Hall Board Room PRESENT Board: Chairperson Debbie Knutson and Members: Karen Frye, Jim Holahan, Doug Laraby and Steve Sumrall Staff: Town Planner Catherine Trotter Others: Clark Lipscomb Chair Knutson called the meeting to order at 6:32 p.m. Public Hearine and Action Item a. Front yard setback variance request submitted by Grand Park Homes LLC. The encroachment into the front yard setback is approximately 2.7'. The subject property is more legally described as follows: Lot 8 Cozens Meadow at Grand Park Amendment No 1, reception # 200 7- 006 78. Ms. Frye moved, and Mr. Holahan seconded the motion to open the Public Hearing. Motion carried: 5-O. Planner Trotter stated that the Notice of Hearing was published, adjacent property owners had been notified by the applicant. Mr. Laraby stated that he lives at lot 39 and his wife works for the applicant. In light of a possible conflict of interest, Mr. Laraby recused himself. Planner Trotter stated that we now have 4 voting members and the Town Code requires that we have a unanimous vote from the Board. Planner Trotter introduced Clark Lipscomb from Grand Park Homes to the Board. She briefed the Board on the variance request and the packet enclosures. Planner Trotter stated that this variance request was referred to the Town Board (TB) at their last meeting, with Steve Sumrall not participating in the TB discussion. The Fraser Board of Trustees did not recommend a favorable recommendation on this matter. Planner Trotter read from the Fraser Town Code the section that states that the Board of Adjustment shall have the power to grant variances from the provisions of this chapter, but only after consideration of the following provisions: (1) That satisfactory proof has been presented to the Board of Adjustment showing that the present or proposed situation of a requested building, structure or use is reasonably necessary for the convenience or welfare of the public. (2) That the variance which is requested would not authorize any use other than uses enumerated as a use by right of the district. (3) That an unnecessary hardship to the owner would be shown to occur if the provisions of this Chapter were literally followed. (4) That the circumstances found to constitute a hardship either were not created by the owner, or were in existence at the time of the passage of the initial ordinance codified herein, and cannot be reasonably corrected. (5) That the variance would not injure the value, use of or prevent the proper access of lighted air to the adjacent properties. (6) That the variance would not be out of harmony with the intent and purpose of this Chapter. (Prior code 13-10-4). Planner Trotter showed the Board the subdivision plat of Cozens Meadow and more specifically, Lot 8. The front porch encroaches 2.7' into the 10' front yard setback and 10' utility and snow storage easement. The site plan approved in conjunction with the building permit issuance did not show any encroachment issues. The applicant outlined the variance request and how the encroachment occurred. The architect sent the wrong plan with the wrong porch after the site plan was approved. The architect appeared to be at fault, stated the applicant. Mr. Lipscomb provided another exhibit to the Board. The front setback is also a 10' utility and snow storage easement. Letters from two utility providers were presented. Snow management issues were discussed; including snow removal, staffing and equipment. There was no public comment. Mr. Laraby said that he is a resident in the Cozens Meadow subdivision and he does not object to the variance request. There were no other comments from the notified property owners. Mr. Sumrall moved, and Ms. Frye seconded the motion that the application meets the majority of the criteria for consideration of variance, and to approve the variance as follows: The front porch of the home located at Lot 8 Cozens Meadow at Grand Park Amendment No 1, reception # 2007-00678 encroaches 2.7' into the front yard setback and the applicant will proceed and successfully complete the easement vacation procedure that is outlined in the Fraser Subdivision Regulations to vacate that portion of the utility and snow storage easement which is located below the porch encroachment. Vote 3-1. Since Town Code requires a unanimous vote, motion was denied. Mr. Sumrall moved, and Mr. Holahan seconded the motion to close the Public Hearing. Motion carried: 4-0 Chair Knutson asked for items not on the agenda. There were none. Mr. Sumrall moved, and Mr. Holahan seconded the motion to adjourn. Motion carried: 4-0, Meeting adjourned at 8:03 p.m. ~..~ ~_~~_~~ Catherine Trotter, Town Planner ýÿ