Agenda - Council - 11/23/2010 - Laserfiche WebLink

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Associate Planner Gladhill stated there are two options, one there is an approved Findings of Fact so the Board could move forward with the Variance; or the Board could reopen the Findings of Fact, discuss the findings and adopt new Findings of Fact and then discuss the Variance. Board Member Dunaway stated the power lines might be something that is unique to other properties that would create issues for the homeowner. He requested information regarding the discussions of past meetings. Associate Planner Gladhill updated the Board on past meeting discussions. Chairperson Van Scoy requested clarification on the power line location. Associate Planner Gladhill showed maps and pictures to the Board as to where the power lines were located. He stated there is not an easement that requires the structure to be a certain distance from the power line. Motion by Board Member Brauer, seconded by Chairperson Van Scoy to re -open the Findings of Fact. Motion carried. Voting Yes Chairperson Van Scoy, Board Members Brauer, Dunaway, and Rogers. Voting No: Board Member Levine. Absent Board Member Cleveland. Further Discussion Board Member Brauer questioned if the Variance is denied are the applicants able to come back with an alternate plan. Associate Planner Gladhill stated the applicants do have the option to appeal to the City Council. In a year maybe there will be different processes in our City Code to allow for more flexibility. Board Member Brauer asked if the Board could hear from the applicant since there were three members absent at the last meeting. Colin and Laura Hogue, 16151 Olivine Street, the applicants, stated their frustration with the whole process. The applicant' s builder discussed the drainage and screening of the applicant' s proposed location. Board Member Rogers stated he sympathizes with the applicants, there is plenty of screening for the building, but no reasonable use without the Variance has to be proven. Going forward The City can see if it can loosen up city guidelines, unfortunately the Supreme Court has set the precedence. Board Member Dunaway stated no one wants to say no to the property owner. He would like the applicants to put it where they want as long as it is within the guidelines. Board of Adjustment /September 2, 2010 Page 3 of 5