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BOA07-26-06Min CITY OF LOrTGWOOI) BOARD OF AL)JIJSTIVIENTS July 26, 2006 Minutes ATTENDANCE: BOARD: STAFF: Barry Revels, Chair Patrick Miller -Community Services Director Marc McLarnon, Vice Chair Daniel'Ie Adzima -Community Development Coordinator Arthur E. Heintz Autumn Doulong ABSENT: 1. CALL TO ORDER Mr. Revels called the meeting to order at 7:0(I P.M. 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: A. May 24, 2006 Regular Meeting Mr. McLarnon made a motion to approve the minutes as presented. Ms. Doulong seconded the motion. The motion was ap~~roved. 4. PUBLIC HEARING: Mr. Revels opened the Public Hearing. A. VAR 07-06 Variance Setback Requirements 720 Mendez Way Property ID#: OS-21-30-521-OD00-0290 Applicant: George and Cindy Seda MOTION/RECOMMENDATION: Ms. Adzima stated that the Community Development Division of the Community Services Department recommends that the Board of Adjustment (BOA) review the requested Variance (VAR 07-06) to reduce the minimum required side and rear setbacks for a swimming pool- enclosure from 7 feet to 0 feet at 720 Mendez Way. EXPLANATIONBACKGROUND: BOA 07-26-06 A4inutes Page 1 of 3 Ms. Adzima explained the applicants propose to install a screen enclosure around their swimming pool and are requesting a variance; to reduce the side and rear setback to Oft. She further explained the applicants claim it would be a safety hazard. and impair pool maintenance if they were to have the screen, enclosure conform to the minimum required setbacks. Ms. Adzima also added that the applicants. are requesting a variance to LDC 3.2.O.A, allowing the encroachment of the structure within the easements. She further explained that the applicants had intended to apply to have the easement vacated but could not since one of the utility companies objected to the vacation of the easement. Hgwever, that particular utility company did agree to allow the structure to encroach into the easement. George Seda, 720 Mendez Way, stated anothf;r reason for the variance request in addition to what Ms. Adzima pointed out, is that a portion of the pool would not be able to be utilized without the variance. Mr. Seda also pointed out that he would only need to encroach Oft into the western rear setback rather than the 7ft initially requested. Mr. Miller asked the applicant if he had received approval from the Home Owner's Association. Mr. Seda stated that he had a letter of approval from not only the HOA but the adjacent property owners as well. Discussion ensued. Mr. Revels closed the Public Hearing. Ms. Doulong made a motion to approve (V"AR 07-06) the reduction of the northern side setback from 7ft to Oft and western rear setback from 7ft to aft where the proposed screen enclosure is to be located. Mr. McLarnon seconded the motion. The motion was unanimously approved by a (4-0) roll call vote. Mr. McLarnon made a motion to approve (l/AR 07-06) the encroachment of the easement located on the north and west side of the property where the proposed screen enclosure is to be located. It is approved with the understanding that the home owner will incur all costs associated with the possible accessing of the easement by the utility providers. Mr. Heintz seconded the motion. The motion. was unanimously approved by a (4-0) roll call vote. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. DISCUSSION AND SCIIEDULE FOR FUTURE AGENDA ITEMS Next Regular Scheduled meeting: August 23, 2006. 8. PUBLIC COMMENT: Mr. Miller stated that we have had the first reading for the L:DC amendments and the second reading is set to go in front of the Commission on the 7t" of August. He also stated that we are moving forward with the interim standard for the new "Downtown." 9. ADJOURNMENT: Mr. Revels adjourned the meeting at 7:25 p.m. BOA 07-26-06 A'tinutes Page 2 of 3 Barry Revels, Ch~r v ATTEST: L.--~ I v-~... Danielle Adzima, acting Rec ding Secretary BOA. 07-26-06 1\linutes Page 3 of 3