BOAMin12-02-97CSTY OF i0NGW00D
BOARD OF ADJUSTMENT MfNUTES
December 2, 199'1
ent: Sta££:
JimaDaly, Chairman Carl Gosline, Planning Division Manager
Sne Wiltler Sohn Gicenendaal, Planning Aide
Tim Oirange
Laura Moehlenkamp Abeenk: J. Russel Hammond
Marcus Waiieis, Calton Homes
(ALL TO
The Decembe$A 9, 199"i meeting of the Board of Adjustment was
call etl to oxtler at 6:05 P.M. by Chairman Daly.
2.
Mr. Daly asked for a n to approve the m of the
October 22, 1991, meeting trMr. Orrange moved to rdo so antl Ms.
Mi. Daly asked that, "The sta £f r ended the request C
Sider be m vetl by Che prevailing slide of the quests on.o
be caddetl on the last paragzaph of i m 5 just above the motion
box. The n w paiayzaph reading ange requested that the
Boa id membe is reopen project #VARrD3-91, due Co [he fact chat
a Board member has r side red their position. The staff
ended [he reques to to sides be moved by the
prevailing side of the question.e'co
The Board accepted the addition antl approved the minutes as
Mr. Gosline stated that there w s proof of publication fox
this matter. He furthec stated the Ciiy Attorney advis etl thaT
fzom a member of the prevailing sitle, a i[her M Daly,
Ms. Moenlen kamp or Ms. Wiltler and Che motion passetl. Mi.
aoara of Adjustment
December z, 199
eq z
Gosline also stated the staff c entl approval
based o the findings of face ~nithee0ct obercl6, 1991, staff
report.n
Mr. Daly asked for those in favor of Che v speak.
Mr. Waiters asked the Board to [ sitler the v requesT
and tD approve i e the BDA approvetl three othercv es
with the same factual conditions at [he Ocf'.obez meetingan
Mr. Daly asked for [hose wishing t speak i opposition of the
cequest. Seeing n opposition, the Chairman closed the public
hearing and asked fox Board discussion.
Ms. Wilder m ved t approve the v request. Mr. Orrange
onded the m Mr. Daly explained ethat based D [he City
Attorney i erpretation of Robe cts Rules Df Order any of the
Board members mays and t Mr. Daly s Cetl he would
permit any of the Board memberstt Dnd the motvon based on
that opinion. Mr. Daly asked for tli scussion.
. Moehlenkamp s ted i opinion that a mailer house
that fits o the Sot would nblend into the neighborhood. She
ceded that the o of Che house might n r have a pool,
but that "baby boomers" e getting away from o ing pools.
She continued that the ciey has codes for a and that
the City Commission didn't change setbacks i theo[ t LDC
hearings because the setbacks a She seatedcshe w
adamant Chat the builder should have cbeen m reful v
designing the lot. She asked Che Board if i should be easver
to get a varvance than to redesl gn the house.
Mr. Orrange and M wilder both briefly seated they w
favor of the varvance. Neither wished to offer additional
Daly s ted he w till against the v the
applicant did n es due diligence Sn Their apurchase of
the lots in quest ions CrHe si at ed that he didn't think i
the role of the BOA to fix Calton Homes oversight vn ithis
regard.
Mr. Daly c zed Mr. Gosline Eor his hantll ing of the
siderationv of this v e because he stated in his m
ofc November 19, 199'1, tha [va the City Attorney yylpd how Che
ara of Aai natment
Decembez 2, 1997
eq 3
00A should proceed. Mr. Oaly felt the City A ney does not
rule, bu[ only advises. Mr. Daly directed thet staff t
the t "the City Attorney ruled" because only ethe
Chairman andmtne BOA can rule on such matters.
Daly s red he had also done s rch on how ehe
Boazd w o proceed, his experien e Chat after
ouple ofs hours r rch on Roberts Rules of Ortler the a
till i nclusive regarding who could second a motionsfor
reconsideration.
Oaly c zed Mr. W s for his letter to Mr. Gosline
requesting it sideration ez the which Mr.
tetl nthe Chai rman~ had madeia ista ke his
erpretation of Robe xts Rules of Older. Mim Daly stated he
s tleeply offended by the letter and that as long as he i
the Chairman he will c rule as he believes necessary
when no clear guidelines iweretpresent.
Mr. Oaly further stated the request by attezs
schedule the public hearing w nappropriate and that he
ook great per nal offense t their of the letee r.
Daly pointed out that the Chairman schedules special hearings
as may be necessazy, not the applicant.
. Daly s red that with only four members present, a split
ould tr sult i the m r being tabletl until the January
28te 199e, m ing.nThe Chairman asked the eoa rd for further
discussion regazdinq the subject matter
Ms. Moehlenkamp asked those in favor of the
explain their r s for doing s wiltler s red she s
o problem with at he house being pla ed as proposed and felt
all [he relevant arguments had been made and iC was time to
Mr. Daly asked for a roll v Wilde is m to
approve the requested varianceY She vote was as follows n
Mr. Daly NO
Ms. Wilder
ange YES
Ms. Moehlenkamp NO
Board of najnatment
December 2, 1997
P9 4
The variance was tabled until January 28,1998, meeting.
4. uaiueae~
saia+ p
Mr. Daly asked that the rules be postponed to the January 28,
1998. M Orxange m ved to table the rules and Ms. Wiltler
seconded the motion The Bcartl agreetl to table the rules to
The rng as atljourned at 6:45 P, M. with no further
busi ese