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Members Present:
Steven Laskey, Chairman
Cathy Young
Mike Carollo
Alan Beshany
Gene Kohls
KC Falzgraf
Staff Present:
Gail Spencer, Code Enforcement Supervisor
Kristopher Olsen, Project Manager
Joyce Wayman, Secretary to the Board
A quorum being present the meeting was called to order.
Case No. VM-05-005
Location: 11880 West Independence Avenue
Applicant: Durward Adkins
Kristopher Olsen, Project Manager, entered the staff report, slides and case file into the record. Mr. Olsen stated that the applicant is requesting relief from Section 17-5-11 of the Lakewood Zoning Ordinance that requires a minimum 6,000 square feet and a 45-foot street frontage for each lot created in a subdivision of the property. The applicant is requesting a variance of 18% for lot size and 13% for lot width.
Durward Adkins, applicant stated that he is applying for the major variance for consideration to subdivide his lot along the common wall between the two units of the existing duplex, which would create a lot of 7,734.32 square feet in size and 61 feet in width, and one 4,918.68 square feet in size that is 39 feet in width. Mr. Adkins also presented pictures of the proposed subdivision and a letter to the Board of Adjustment for their review.
Those speaking against the proposed variance:
Lynn Jensen, 11911 West 14th Avenue, Lakewood, Co. Ms. Jensen lives behind the property at 11880 West Independence and stated there are many problems with the drainage from Mr. Adkins property flowing into back her yard. Ms. Jensen also entered pictures into the record for the Boards review.
Josh Buchanan, 11934 West Independence, Lakewood, Co. Mr. Buchanan stated that he had concerns about the easement.
Discussion followed by the Board.
Alan Beshany made a motion in Case No. VM-05-005, for the property located at 11880 West Independence Avenue, adopting a resolution denying a variance from Section 17-5-11 of the Lakewood Zoning Ordinance, for the following reasons:
a. That due to the narrowness of the lot there is peculiar difficulty; the variance would not observe the spirit of the ordinance;
b. The variance will not observe the spirit of the Zoning Ordinance, secure the public safety and welfare or achieve substantial justice;
c. The variance will adversely affect the adjacent properties and the surrounding neighborhood;
d. The variance will substantially or permanently impair the appropriate use or development of the adjacent properties; and,
e. The variance is not the minimum variance that will afford relief with the least modification possible of the Zoning Ordinance.
Citing the Boards authority in Section 17-4-3 and the testimony given this evening, these findings and fact, Mr. Beshany moved that the application be denied.
Mike Carollo seconded motion.
Motion carried by a vote 5-0, (Beshany, Carollo, Young, Kohls, Falzgraf, Laskey.)
OTHER BUSINESS:
Motion to approve Minutes
Motion was made by Cathy Young to approve the Minutes for the May 3, 2005 Board of Adjustment public hearing. Gene Kohls seconded the motion. Motion carried by 5-0.
They're being no further business to come before the City of Lakewood Board Of Adjustment for January 3, 2006, the meeting was adjourned at 8:00 p.m.
Joyce Wayman, Secretary, City of Lakewood Board of Adjustment
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