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Street NW, based on the findings of fact, and adopt Resolution//03-09-229 declaring terms of the <br />same. <br /> <br />Motion carried. Voting Yes: Chairperson Nixt, Board Members Johnson, Brauer, Shepherd, <br />Van Scoy, and Watson. Voting No: None. Absent: None. <br /> <br />Case#2 Request for a Variance to Building Height in the Alpine Meadows <br /> Subdivision; Case of Shade Tree Construction <br /> <br />Public Hearing and Presentation <br /> <br />Principal Planner ;Trudgeon explained Staff had informed Shade Tree Construction they needed a <br />height variance for a revised building plan in Alpine Meadows. However, the criteria for <br />measuring building height has changed and the revised building plan complies with City Code. <br />This case will be reviewed during the Planning Commission meeting for a site plan change with <br />respect to building design. <br /> <br />Jan Pomeroy, 5430 155th Lane NW stated she needs clarity on this issue. <br /> <br />Assistant Community Development Director Trudgeon explained that when this was originally <br />approved in 2001, the measured height of the roof was approved. After approval, they began <br />building a different type of structure. The City has since made them stop construction pending a <br />variance approval and the site plan change approval. He explained that there has also been a <br />change in City Code as to how height is measured, and a variance is not needed. However they <br />will still have to receive site plan approval for the revised building design. <br /> <br />Ms. Pomeroy indicated if the city allows developers to change their plans in mid-stream, they <br />will set a precedegt to allow other developers to do this, and open up the city to lawsuits if they <br />deny other developers. <br /> <br />Chairperson Nixt stated this is no longer a variance issue, it is a site plan issue, and any <br />developer has a right to ask to change their plan and have it considered. <br /> <br />Motion by Chairperson Nixt, seconded by Board Member Johnson to close the public hearing at <br />7:13 p.m. <br /> <br />Motion carried. Voting Yes: Chairperson Nixt, Board Members Johnson, Brauer, Shepherd, <br />Van Scoy, and Watson. Voting No: None. Absent: None. <br /> <br />BOARD INPUT <br /> <br />None. <br /> <br />Board of Adjustment/September 4, 2003 <br /> Page 3 of 4 <br /> <br /> <br />