1 00:04:59,951 --> 00:05:04,302 Good morning and welcome to the Board of County Commissioners meeting, uh, 2 00:05:04,302 --> 00:05:07,360 land use meeting. Today is Thursday, September 10th. 3 00:05:07,360 --> 00:05:10,418 We do begin each of our meetings with an invocation, 4 00:05:10,418 --> 00:05:14,886 and this morning we have Pastor Jason Brockman from Colorado Springs Baptist 5 00:05:14,886 --> 00:05:15,298 Brockman from Colorado Springs Baptist Church. 6 00:05:15,298 --> 00:05:17,356 We invite you to stand and join us. 7 00:05:17,356 --> 00:05:21,982 Thank you, Commissioner Geitner. Thank you for the opportunity this morning. 8 00:05:21,982 --> 00:05:24,600 Let's go ahead and bow our heads in prayer. 9 00:05:24,600 --> 00:05:29,652 Father, we thank you for the privilege it is to be able to have meetings like this. 10 00:05:29,652 --> 00:05:31,235 I know many times we Amen. 11 00:05:31,235 --> 00:05:36,287 Lord, I pray that as we come and there are people here that have maybe a little bit 12 00:05:36,287 --> 00:05:39,818 of angst, a little bit of pressure, stress, understanding, 13 00:05:39,818 --> 00:05:42,374 something that wants to be done, but Lord, 14 00:05:42,374 --> 00:05:46,940 I pray You'd help us to remember how blessed we are to be able to have this 15 00:05:46,940 --> 00:05:47,366 blessed we are to be able to have this method. 16 00:05:47,366 --> 00:05:52,479 Lord, thank You for the fact that each and every person here has the ability to have 17 00:05:52,479 --> 00:05:54,488 a personal relationship with You. 18 00:05:54,488 --> 00:05:58,992 Lord, I pray that each and every person here serving or being served would 19 00:05:58,992 --> 00:05:59,540 here serving or being served would determine 20 00:05:59,540 --> 00:06:03,071 to make that decision to put their faith and trust in you. 21 00:06:03,071 --> 00:06:07,514 Lord, for those who are leading in this capacity, thank you for the work, 22 00:06:07,514 --> 00:06:11,045 the effort, and the service they provide to our community. 23 00:06:11,045 --> 00:06:16,158 Lord, I pray everything that is done today would be done in the right spirit and the 24 00:06:16,158 --> 00:06:21,150 right tone. I pray that each of us here would realize that we're here to serve one 25 00:06:21,150 --> 00:06:24,376 another and the great privilege it is to be servants. 26 00:06:24,376 --> 00:06:28,272 Lord, thank you for those who have really gone out of their way. 27 00:06:28,272 --> 00:06:32,411 I know many times we don't Think of people in leadership many times, 28 00:06:32,411 --> 00:06:34,176 of how they sacrifice for us. 29 00:06:34,176 --> 00:06:37,524 Lord, I pray for each person who has a need here today. 30 00:06:37,524 --> 00:06:42,089 I'm confident someone in here is going through a struggle and a difficulty. 31 00:06:42,089 --> 00:06:44,829 Lord, I pray that you would meet their needs. 32 00:06:44,829 --> 00:06:47,264 For those who have ailments or sickness, 33 00:06:47,264 --> 00:06:51,707 for those who are dealing with other issues that are not described, Lord, 34 00:06:51,707 --> 00:06:56,577 I pray that the decisions that we made today and the conversations that happened 35 00:06:56,577 --> 00:06:59,377 would honor you. In Jesus' name we pray. Amen. 36 00:06:59,377 --> 00:07:05,805 Commissioner Wysong, 37 00:07:05,805 --> 00:07:11,911 if you'd lead us in 38 00:07:11,911 --> 00:07:16,089 the Pledge of 39 00:07:16,089 --> 00:07:22,195 Allegiance, please. 40 00:07:22,195 --> 00:07:24,445 Item 3. 41 00:07:24,445 --> 00:07:27,623 Item number 3 is staff emergency items, 42 00:07:27,623 --> 00:07:31,778 and I'm unaware of any staff emergency items today. 43 00:07:31,778 --> 00:07:33,711 Item 4. 44 00:07:33,711 --> 00:07:38,066 Item number 4 is changes, postponements, and notice of the next meeting. 45 00:07:38,066 --> 00:07:41,816 I'm unaware of any changes or postponements to today's agenda, 46 00:07:41,816 --> 00:07:45,143 and the next meeting will be September 15th at 9:00 AM. 47 00:07:45,143 --> 00:07:47,798 Item 5. 48 00:07:47,798 --> 00:07:52,081 Item number 5 is the land use consent calendar, including items 5A and 5B. 49 00:07:52,081 --> 00:07:56,653 And Madam Chair, there's one exhibit that has been handed out that was received 50 00:07:56,653 --> 00:07:59,084 after the packet was published to the web. 51 00:07:59,084 --> 00:08:00,800 Okay, thank you. Uh, 52 00:08:00,800 --> 00:08:06,462 is there anyone here who wishes to speak on an item on the consent 53 00:08:06,462 --> 00:08:08,864 calendar? Okay, seeing none, 54 00:08:08,864 --> 00:08:14,697 I will bring it up here to commissioners for any comments or motion. 55 00:08:14,697 --> 00:08:16,413 Commissioner Wysong. 56 00:08:16,413 --> 00:08:21,267 Thank you, Madam Chair. Uh, just a, a couple of comments. 57 00:08:21,267 --> 00:08:27,909 Um, Under the Kyle Reese Zone 5A, I was reading through all the documentation. 58 00:08:27,909 --> 00:08:34,551 It was just the traffic study alluded to another potential development tie-in. 59 00:08:34,551 --> 00:08:41,619 And I, I kind of asked the, the question of, of our executive director of planning. 60 00:08:41,619 --> 00:08:47,240 And since it's, it's been approved, but there's nothing there yet. 61 00:08:47,240 --> 00:08:53,627 It just seems that if traffic study mentions it, there should be follow-up, 62 00:08:53,627 --> 00:08:58,480 and that kind of defines what potentially could be there. 63 00:08:58,480 --> 00:09:04,356 Right in, right out only on a 55-mile-an-hour highway just makes me a 64 00:09:04,356 --> 00:09:04,867 55-mile-an-hour highway just makes me a little 65 00:09:04,867 --> 00:09:10,317 nervous, is all. And that I just wanted to kind of address that. 66 00:09:10,317 --> 00:09:16,874 Um, is, is a kind of a concern that has it truly been evaluated from a safety 67 00:09:16,874 --> 00:09:23,431 perspective? I'm assuming it has from CDOT. It just made me really nervous is 68 00:09:23,431 --> 00:09:23,772 CDOT. It just made me really nervous is all. 69 00:09:23,772 --> 00:09:26,988 Yeah, I appreciate you bringing up that, um, 70 00:09:26,988 --> 00:09:32,397 given that this is in my district and this is an intersection that I drive 71 00:09:32,397 --> 00:09:38,464 regularly, um, always concerned about. I drive it regularly, and so do my children. 72 00:09:38,464 --> 00:09:44,530 And so, you know, these are things that I think we all want to make sure things are 73 00:09:44,530 --> 00:09:47,893 safe. But I will say, going through the notes, 74 00:09:47,893 --> 00:09:52,351 looking at some of the comments from the Planning Commission, 75 00:09:52,351 --> 00:09:57,979 and this was also discussed, I do agree that this is the map amendment stage, 76 00:09:57,979 --> 00:10:00,976 and we have further things down the road. 77 00:10:00,976 --> 00:10:05,873 And while that is the current recommendation or requirement that is 78 00:10:05,873 --> 00:10:06,239 recommendation or requirement that is being 79 00:10:06,239 --> 00:10:11,794 recommended, um, that we will see in far more detail as we move through this 80 00:10:11,794 --> 00:10:12,305 more detail as we move through this process 81 00:10:12,305 --> 00:10:17,422 and have the opportunity to ensure that safety moving forward as well. 82 00:10:17,422 --> 00:10:23,269 So I too am comfortable with this, but thank you for bringing up those concerns. 83 00:10:23,269 --> 00:10:28,532 Okay, do we have any other comments or a motion on the consent calendar? 84 00:10:28,532 --> 00:10:32,065 Move to approve the consent calendar. 85 00:10:32,065 --> 00:10:33,166 Second. 86 00:10:33,166 --> 00:10:35,093 Okay, that has been moved and seconded, 87 00:10:35,093 --> 00:10:38,057 and I will call the roll beginning with Commissioner Wysong. 88 00:10:39,350 --> 00:10:39,367 Aye. 89 00:10:39,367 --> 00:10:40,431 Vice Chair Nelson? 90 00:10:40,431 --> 00:10:40,737 Aye. 91 00:10:40,737 --> 00:10:42,205 Commissioner Applegate? 92 00:10:42,205 --> 00:10:42,592 Aye. 93 00:10:42,592 --> 00:10:44,059 Commissioner Williams? 94 00:10:44,059 --> 00:10:44,349 Aye. 95 00:10:44,349 --> 00:10:48,601 And the chair votes aye. That passes 5-0. Item 6. 96 00:10:48,601 --> 00:10:53,679 Item number 6 is the called-up consent calendar, and there are no items called 97 00:10:53,679 --> 00:10:53,874 calendar, and there are no items called up. 98 00:10:54,537 --> 00:10:55,052 Item 7. 99 00:10:55,599 --> 00:10:58,594 Item number 7 is department and committee reports, non-action items, 100 00:10:58,594 --> 00:10:59,431 and there are none. 101 00:11:00,429 --> 00:11:00,928 Item 8. 102 00:11:01,476 --> 00:11:03,923 Item 8 is the addendum, and there are no addendums today. 103 00:11:05,047 --> 00:11:05,432 Item 9. 104 00:11:05,432 --> 00:11:09,424 Item 9 is the executive session, and there is no request for executive session. 105 00:11:09,424 --> 00:11:16,501 Okay, with that, this, uh, 106 00:11:16,501 --> 00:11:23,033 we've come to the end of 107 00:11:23,033 --> 00:11:28,749 this agenda, and this 108 00:11:28,749 --> 00:11:34,464 meeting is adjourned. 109 00:11:34,464 --> 00:11:41,813 Good morning and welcome to 110 00:11:41,813 --> 00:11:48,073 the Board of Adjustment 111 00:11:48,073 --> 00:11:55,422 meeting. Today is Thursday, 112 00:11:55,422 --> 00:12:02,771 September 10th. We'll begin 113 00:12:02,771 --> 00:12:06,037 with item 1. 114 00:12:06,037 --> 00:12:08,776 Item number 1 is changes and postponements, 115 00:12:08,776 --> 00:12:11,834 and I'm unaware of any changes or postponements. 116 00:12:11,834 --> 00:12:13,262 Item 2. 117 00:12:13,262 --> 00:12:16,981 Item number 2 is the consent calendar, including item 2A. 118 00:12:16,981 --> 00:12:24,281 Okay, is there anyone here who wishes to speak on an item on the consent 119 00:12:24,281 --> 00:12:27,525 calendar? Please come down, sir. 120 00:12:27,525 --> 00:12:32,797 And just as a reminder, this is the minutes— uh, we— 121 00:12:32,797 --> 00:12:39,691 this is the approval of minutes on the consent calendar. Okay. Okay. 122 00:12:39,691 --> 00:12:46,078 Um, so I will ask if there are any comments from commissioners. 123 00:12:46,078 --> 00:12:48,474 I move approval of item 2A. 124 00:12:49,777 --> 00:12:50,354 Second. 125 00:12:50,354 --> 00:12:52,404 All right, that's been moved and seconded. 126 00:12:52,404 --> 00:12:54,650 We'll begin the vote with Commissioner Wysong. 127 00:12:54,650 --> 00:12:55,564 Aye. 128 00:12:55,564 --> 00:12:57,279 Vice Chair Nelson. 129 00:12:57,279 --> 00:12:57,680 Aye. 130 00:12:57,680 --> 00:12:59,235 Commissioner Applegate. 131 00:12:59,235 --> 00:12:59,523 Aye. 132 00:12:59,523 --> 00:13:00,982 Commissioner Williams. 133 00:13:00,982 --> 00:13:01,527 Aye. 134 00:13:01,527 --> 00:13:04,893 And the chair votes aye. That passes 5-0. Item 3. 135 00:13:04,893 --> 00:13:07,903 Item number 3 is a dimensional variance, 136 00:13:07,903 --> 00:13:11,966 16990 Cherry Creek Crossing Drive side setback relief, 137 00:13:11,966 --> 00:13:18,135 a request by James Lucas for approval of a dimensional variance to allow a 10-foot 138 00:13:18,135 --> 00:13:23,101 side setback where 35 feet is required in the Cherry Crossing PUD, 139 00:13:23,101 --> 00:13:26,186 Planned Unit Development zoning district, 140 00:13:26,186 --> 00:13:29,797 for the proposed placement of a detached garage. 141 00:13:29,797 --> 00:13:35,140 The 2.66-acre property is located at 16990 Cherry Creek Crossing Drive, 142 00:13:35,140 --> 00:13:41,309 approximately 3,000 feet northwest of the intersection of Hodgdon Road and Highway 143 00:13:41,309 --> 00:13:46,576 83. Parcel number 6122008022, Commissioner District 1. File BOA-26005. 144 00:13:46,576 --> 00:13:46,917 Second. 145 00:13:47,224 --> 00:13:50,452 Lacey Dean, Associate Planner, Planning and Community Development. 146 00:13:50,452 --> 00:13:52,111 Good morning. 147 00:13:52,111 --> 00:13:56,365 Good morning, Commissioners. Um, this is for BOA 265. 148 00:13:56,365 --> 00:14:02,545 Um, this is requesting a setback relief for a detached garage at 16990 Cherry 149 00:14:02,545 --> 00:14:02,947 for a detached garage at 16990 Cherry Creek 150 00:14:02,947 --> 00:14:07,201 Crossing Drive. I'm the planner assigned to this, um, 151 00:14:07,201 --> 00:14:11,776 along with Joe Sandstrom from Department of Public Works. 152 00:14:11,776 --> 00:14:18,438 If you're watching remotely and have not provided a name and reliable phone number, 153 00:14:18,438 --> 00:14:23,414 please email that information now to pcdhearings@elpasoco.com. 154 00:14:23,414 --> 00:14:29,916 The procedure today will basically be my presentation followed by the applicant's 155 00:14:29,916 --> 00:14:35,775 presentation. If there are citizens in favor, um, they will be called up, 156 00:14:35,775 --> 00:14:38,103 followed by citizens against. 157 00:14:38,103 --> 00:14:43,160 The applicant will have a chance to rebut the citizens against, 158 00:14:43,160 --> 00:14:49,260 followed by questions for staff, and then you all will make a determination. 159 00:14:49,260 --> 00:14:55,360 I'll give you a moment to read through the criteria of approval for Board of 160 00:14:55,360 --> 00:15:00,336 Adjustment. This is some additional criteria, um, to consider. 161 00:15:00,336 --> 00:15:03,467 So the request today is by James Lucas, 162 00:15:03,467 --> 00:15:09,567 and he would ask for a 10-foot side setback where 35 feet is required in the 163 00:15:09,567 --> 00:15:10,048 setback where 35 feet is required in the Cherry 164 00:15:10,048 --> 00:15:13,901 Creek Crossing PUD. It is for a detached garage. 165 00:15:13,901 --> 00:15:17,031 The 2.66-acre property is located here, 166 00:15:17,031 --> 00:15:22,891 which is approximately 3,000 feet northwest of the intersection of Hodgen 167 00:15:22,891 --> 00:15:23,533 northwest of the intersection of Hodgen Road and 168 00:15:23,533 --> 00:15:27,867 Highway 83. The zoning, as I stated earlier, is a PUD. 169 00:15:27,867 --> 00:15:32,924 This whole section here is the same PUD, Cherry Creek Crossing, 170 00:15:32,924 --> 00:15:37,258 but you can see surrounding it is other RR-2.5 zoning. 171 00:15:37,258 --> 00:15:41,512 This PUD also has a 2.5 minimum lot size requirement. 172 00:15:41,512 --> 00:15:44,321 A little bit of background for you. 173 00:15:44,321 --> 00:15:48,415 The zoning was established on the property in 1955, 174 00:15:48,415 --> 00:15:54,916 and in 1997 it was rezoned to planned unit development for Cherry Creek Crossing. 175 00:15:54,916 --> 00:16:00,134 They platted it in 1999, and the existing home was built in 2004. 176 00:16:00,134 --> 00:16:03,103 The position of the home on the land, 177 00:16:03,103 --> 00:16:08,080 as you'll see as I get through the PUD guidelines in a moment, 178 00:16:08,080 --> 00:16:14,662 it was built the way that it is based on the natural features of the, of the site. 179 00:16:14,662 --> 00:16:21,404 Currently, the most western corner of the structure is only 10 feet from the setback 180 00:16:21,404 --> 00:16:26,220 line. So when he's proposing a detached garage on that side, 181 00:16:26,220 --> 00:16:32,561 he's going to need more than the 10 feet that is remaining before he encroaches 182 00:16:32,561 --> 00:16:32,882 that is remaining before he encroaches that 183 00:16:32,882 --> 00:16:37,296 setback. This is the PUD here, the entirety of the PUD. 184 00:16:37,296 --> 00:16:40,828 This, um, blue square is indicating his lot. 185 00:16:40,828 --> 00:16:46,848 This is A piece pulled from that PUD document showing the topography on his 186 00:16:46,848 --> 00:16:47,249 document showing the topography on his land. 187 00:16:47,249 --> 00:16:51,343 You can see it slopes down as you go further south, 188 00:16:51,343 --> 00:16:56,801 and he actually has a no-build area all along this southern portion. 189 00:16:56,801 --> 00:17:02,499 It's hard to see on this image here, but this part as well slopes down. 190 00:17:02,499 --> 00:17:08,198 And I— this is a street view looking toward the house from Cherry Creek 191 00:17:08,198 --> 00:17:08,921 toward the house from Cherry Creek Crossing, 192 00:17:08,921 --> 00:17:12,212 and you can see it slopes down over here. 193 00:17:12,212 --> 00:17:16,787 Over here is where he intends to put the detached garage. 194 00:17:16,787 --> 00:17:21,281 This yellow line, I'm sorry, indicates the setback line, 195 00:17:21,281 --> 00:17:26,659 and that red square indicates where he's wanting to put the garage. 196 00:17:26,659 --> 00:17:31,555 In terms of zoning compliance, um, with the specific PUD, um, 197 00:17:31,555 --> 00:17:37,495 a planned unit development zone is basically a very specific set of design 198 00:17:37,495 --> 00:17:38,217 basically a very specific set of design standards 199 00:17:38,217 --> 00:17:41,508 that are put in place for a certain area. 200 00:17:41,508 --> 00:17:47,528 And in the Cherry Creek Crossing They wanted to maintain sensitivity to the 201 00:17:47,528 --> 00:17:53,468 characteristics of the site. They have dimensional standards here for you. 202 00:17:53,468 --> 00:17:57,401 Like I said, a minimum 2.5-acre zone or lot size. 203 00:17:57,401 --> 00:18:03,902 The 35 feet on the sides and the rear is where he's going to be asking for relief 204 00:18:03,902 --> 00:18:08,558 because he needs 10 feet on the west side of his property. 205 00:18:08,558 --> 00:18:14,979 These are some development guidelines I pulled from the PUD as well that I think 206 00:18:14,979 --> 00:18:15,220 pulled from the PUD as well that I think are 207 00:18:15,220 --> 00:18:17,146 relevant to his request. 208 00:18:17,146 --> 00:18:23,166 The buildings shall be situated to maximize the amount and quality of views 209 00:18:23,166 --> 00:18:23,407 maximize the amount and quality of views and 210 00:18:23,407 --> 00:18:29,667 natural light. The plan utilizes the floodplains, drainage structures, slopes, 211 00:18:29,667 --> 00:18:35,446 and existing vegetation to their best advantage and further enhances the 212 00:18:35,446 --> 00:18:36,329 advantage and further enhances the elements to 213 00:18:36,329 --> 00:18:40,021 create a quality environment in which to live. 214 00:18:40,021 --> 00:18:46,202 They minimize damage to the existing vegetation maintained in a natural state 215 00:18:46,202 --> 00:18:46,362 vegetation maintained in a natural state as 216 00:18:46,362 --> 00:18:52,382 nearly as possible. So again, as I mentioned prior, the house was put where 217 00:18:52,382 --> 00:18:52,864 mentioned prior, the house was put where it is, 218 00:18:52,864 --> 00:18:55,352 so close to that other setback. 219 00:18:55,352 --> 00:18:55,484 Right. 220 00:18:55,580 --> 00:18:59,937 Because of the other natural features that are on the site. 221 00:18:59,937 --> 00:19:05,918 One of the requirements as well in the POD is that both the Cherry Creek Crossing 222 00:19:05,918 --> 00:19:11,825 Design Review Committee as well as our department needs to approve the variance. 223 00:19:11,825 --> 00:19:17,511 He has already received approval from his property owners association for the 224 00:19:17,511 --> 00:19:19,062 request. Another, um, 225 00:19:19,062 --> 00:19:24,895 piece that limits his placement of it is that accessory buildings should not be 226 00:19:24,895 --> 00:19:29,400 located closer to the street frontage than the main building. 227 00:19:29,400 --> 00:19:32,132 Analysis of the approval of criteria. 228 00:19:32,132 --> 00:19:36,415 It is not exceptionally narrow or shallow or oddly shaped. 229 00:19:36,415 --> 00:19:40,328 However, with the exceptional topographic conditions— 230 00:19:40,328 --> 00:19:42,913 I wouldn't say they're exceptional, 231 00:19:42,913 --> 00:19:47,491 but the specific design was based on the PUD requirements, um, 232 00:19:47,491 --> 00:19:53,324 which again is limiting options for him of where to put this accessory detached 233 00:19:53,324 --> 00:19:58,567 garage. The variance would provide permanent relief in speaking to this 234 00:19:58,567 --> 00:19:59,306 permanent relief in speaking to this additional 235 00:19:59,306 --> 00:20:01,521 approval criteria to consider. 236 00:20:01,521 --> 00:20:04,770 Um, it does not include an alternative plan, 237 00:20:04,770 --> 00:20:09,496 and it is intended to preserve the natural features of the site, 238 00:20:09,496 --> 00:20:15,108 which I think are again limiting where he has options to put this structure. 239 00:20:15,108 --> 00:20:20,720 2 alternatives that I came up with in reviewing this is that he could put it 240 00:20:20,720 --> 00:20:26,479 elsewhere, but as I've already discussed, that would require a lot of grading, 241 00:20:26,479 --> 00:20:32,608 which I think goes against the intention of the PUD. He could also possibly rezone. 242 00:20:32,608 --> 00:20:35,193 That does not seem feasible though, 243 00:20:35,193 --> 00:20:40,731 given that it would not then be harmonious with the rest of the surrounding 244 00:20:40,731 --> 00:20:42,356 properties in the PUD. 245 00:20:42,356 --> 00:20:47,968 The next couple slides I'm going to go through, um, if you have questions on 246 00:20:47,968 --> 00:20:48,337 through, um, if you have questions on them, 247 00:20:48,337 --> 00:20:52,841 I will call up Joe Sandstrom from Department of Public Works. 248 00:20:52,841 --> 00:20:56,459 There were no concerns with drainage and erosion. 249 00:20:56,459 --> 00:20:59,413 Um, it's not in a regulatory floodplain. 250 00:20:59,413 --> 00:21:03,179 It is part of the West Cherry Creek drainage basin. 251 00:21:03,179 --> 00:21:08,865 Um, there was no drainage report or grading erosion control plan required due 252 00:21:08,865 --> 00:21:09,012 grading erosion control plan required due to 253 00:21:09,012 --> 00:21:12,852 minimal disturbance. Traffic study was not required. 254 00:21:12,852 --> 00:21:16,397 It's not going to generate any additional trips, 255 00:21:16,397 --> 00:21:19,646 and the road impact fees are not applicable. 256 00:21:19,646 --> 00:21:24,224 Our department notified 21 adjoining neighbors on August 25th. 257 00:21:24,224 --> 00:21:27,842 We have had zero comments in opposition returned. 258 00:21:27,842 --> 00:21:32,568 We'd had one comment in support posted to the public eDARP file. 259 00:21:32,568 --> 00:21:35,005 And this is just a poster of, uh, 260 00:21:35,005 --> 00:21:39,509 or a picture of where he posted the notification on his site. 261 00:21:39,509 --> 00:21:44,752 This blue car right here is where the garage will be if it is approved. 262 00:21:44,962 --> 00:21:45,590 Okay. 263 00:21:45,590 --> 00:21:48,994 The applicant himself also reached out, um, 264 00:21:48,994 --> 00:21:53,982 took it upon himself to reach out to his neighbors and got, um, 265 00:21:53,982 --> 00:22:00,475 several of them to sign a petition stating that they're in approval of his request 266 00:22:00,475 --> 00:22:03,562 to put the garage where he's proposing. 267 00:22:03,562 --> 00:22:09,342 And then this is just an email from the, um, Property Owners Association. 268 00:22:09,342 --> 00:22:15,597 I also went ahead and looked around the surrounding properties to see if anyone 269 00:22:15,597 --> 00:22:15,913 surrounding properties to see if anyone else 270 00:22:15,913 --> 00:22:22,564 had been granted a BOA in this PUD, and I only found one down here in this blue, um, 271 00:22:22,564 --> 00:22:28,423 outline. They were granted a Board of Adjustment 2004 for their lot width, 272 00:22:28,423 --> 00:22:31,035 which is required to be 200 feet, 273 00:22:31,035 --> 00:22:35,865 and they were granted 133 Commissioner Wysong has a question. 274 00:22:35,865 --> 00:22:39,128 Thank you, Madam Chair. 275 00:22:39,128 --> 00:22:44,376 Could you go back a couple of slides? 276 00:22:44,376 --> 00:22:49,908 Um, yes, I just wanted to read the, um, 277 00:22:49,908 --> 00:22:56,370 letter from the HOA. Okay, thank you. 278 00:22:59,370 --> 00:23:01,457 Um, if there are no questions, I can bring up the applicant. 279 00:23:01,457 --> 00:23:20,613 Questions before we move to the applicant? Okay, I think we are ready. 280 00:23:23,613 --> 00:23:25,811 Thank you. My name's Jim Lucas. 281 00:23:25,811 --> 00:23:31,694 Um, first and foremost, thank you for, uh, having me here today. I appreciate that. 282 00:23:31,694 --> 00:23:34,601 I also want to give a shout out to Lacey. 283 00:23:34,601 --> 00:23:38,570 She's been absolutely awesome as I started this process. 284 00:23:38,570 --> 00:23:43,887 The communication back and forth has just been great. So thank you so much. 285 00:23:43,887 --> 00:23:49,700 Um, my wife and I have looked at different areas on our property to try to build a 286 00:23:49,700 --> 00:23:50,834 detached garage. 287 00:23:50,834 --> 00:23:51,155 Thank you. 288 00:23:51,814 --> 00:23:56,836 to where we wouldn't have to face a variance ruling. 289 00:23:56,836 --> 00:24:02,726 And truly, it's like Lacey said, there's no really good area. 290 00:24:02,726 --> 00:24:09,390 Um, from the driveway down to the east, the drain, it just drops off. 291 00:24:09,390 --> 00:24:14,798 It's quite the incline. And so I'll share that with you. 292 00:24:14,798 --> 00:24:20,013 Lacey, you said scroll down. There we go. There we go. 293 00:24:20,013 --> 00:24:25,517 Okay, this is just a view from me standing in the street. 294 00:24:25,517 --> 00:24:32,470 You can see the asphalt, and as the asphalt curls back to the right, um, 295 00:24:32,470 --> 00:24:35,947 that is where that garage would sit. 296 00:24:35,947 --> 00:24:40,968 The house on the far side that you can see, the tan, 297 00:24:40,968 --> 00:24:47,052 that's my next-door neighbors. They fully endorse this project. 298 00:24:47,052 --> 00:24:53,716 That's who it affects the most. Now listen, I am not good at drawing. 299 00:24:53,716 --> 00:24:57,868 That was done by my cursor on the computer. 300 00:24:57,868 --> 00:25:05,594 But in essence, that gives you a visual of where that detached garage would sit, 301 00:25:05,594 --> 00:25:11,678 and that's also behind the, uh, utility lines of gas and water. 302 00:25:11,678 --> 00:25:16,699 Also, the trim of the house is a Dover white stucco. 303 00:25:16,699 --> 00:25:20,948 Black bean is the trim, black shingled roof. 304 00:25:20,948 --> 00:25:25,680 The detached garage would match the current home. 305 00:25:25,680 --> 00:25:32,730 Again, my hand got a little squirrely, but that is facing our house east, 306 00:25:32,730 --> 00:25:38,814 so you can see the house and you can see the drop-off actually. 307 00:25:38,814 --> 00:25:44,608 To the right, and that would be the footprint of the garage. 308 00:25:44,608 --> 00:25:50,990 And there's the 4-sided elevation of it. 309 00:25:53,990 --> 00:25:54,333 There. 310 00:25:57,333 --> 00:26:01,174 I think that's it. Okay. 311 00:26:01,255 --> 00:26:04,743 Do we have any questions for the applicant? Commissioner Wysong. 312 00:26:04,743 --> 00:26:07,050 Thank you, Madam Chair. 313 00:26:07,050 --> 00:26:13,671 Um, just find a couple of interesting things that the, the POA is, 314 00:26:13,671 --> 00:26:20,192 is in support of, uh, the encroachment on the, um, side easement, 315 00:26:20,192 --> 00:26:26,311 but they weren't— they didn't appear to give you an option of 316 00:26:26,311 --> 00:26:31,127 encroaching on the 90-foot easement in front of— 317 00:26:31,127 --> 00:26:34,437 between the street and the house, 318 00:26:34,437 --> 00:26:38,952 which I just kind of thought was interesting. 319 00:26:38,952 --> 00:26:40,958 And then another is, 320 00:26:40,958 --> 00:26:47,980 I believe you said in some of the documentation that you're adding the 321 00:26:47,980 --> 00:26:53,899 garage because the POA requires all cars to be in a garage. 322 00:26:53,899 --> 00:26:59,570 So there's a piece to that. You need to—I'll give you a little insight to me. 323 00:26:59,570 --> 00:27:05,167 I'm a retired educator. They want cars parked in there. That's a small part. 324 00:27:05,167 --> 00:27:10,986 It'll actually—I restore motorcycles, so I have four motorcycles in our garage, 325 00:27:10,986 --> 00:27:13,563 and anytime I want to work on them, 326 00:27:13,563 --> 00:27:18,424 I have to pull vehicles out to pull the bikes out to work on them. 327 00:27:18,424 --> 00:27:24,390 And so really, that detached garage is going to be to put motorcycles over there. 328 00:27:24,390 --> 00:27:29,177 And in time, I would like to get a lathe and do some fabricating. 329 00:27:29,177 --> 00:27:33,007 No, they're not loud or industrial. It's very quiet. 330 00:27:33,007 --> 00:27:35,511 And so that's a large piece of it. 331 00:27:35,511 --> 00:27:37,057 And then also to get— 332 00:27:37,057 --> 00:27:42,949 we have a brush hog that you can see in the background on one of those pictures. 333 00:27:42,949 --> 00:27:47,221 It's orange Kubota. And get that into the detached garage. 334 00:27:47,221 --> 00:27:52,229 So to answer the question, yes, they don't want cars parked outside. 335 00:27:52,229 --> 00:27:55,396 But our cars parked outside, yes, at times. 336 00:27:55,396 --> 00:28:00,310 And then when you purchased the home, 337 00:28:00,310 --> 00:28:06,685 you knew what the requirements were for the side 338 00:28:06,685 --> 00:28:07,747 setback? 339 00:28:07,747 --> 00:28:12,001 So we did it. We bought that home in April of 2010, 340 00:28:12,001 --> 00:28:18,006 and at that time I wasn't involved as much with that stuff and was aware 341 00:28:18,006 --> 00:28:21,091 of the side setbacks and all the, uh, 342 00:28:21,091 --> 00:28:25,762 declarations for the Cherry Creek Crossing neighborhood. 343 00:28:25,762 --> 00:28:27,550 Okay, thank you. 344 00:28:27,550 --> 00:28:33,450 Okay, any additional questions for the applicant? 345 00:28:36,290 --> 00:28:36,628 All right. 346 00:28:36,951 --> 00:28:38,823 Oh, sorry, Commissioner Applegate. 347 00:28:38,823 --> 00:28:42,988 So I was looking at the pictures and I'm trying to get like a line drawn so I know 348 00:28:42,988 --> 00:28:45,172 where it's at, about how far from this, uh, 349 00:28:45,172 --> 00:28:47,305 on that one side will it be to your fence? 350 00:28:47,451 --> 00:28:47,809 Because it— 351 00:28:47,809 --> 00:28:50,490 so that was in your kind of near that back fence there. 352 00:28:50,490 --> 00:28:53,221 To the, to the side fence of our yard? Yeah, side fence. 353 00:28:53,221 --> 00:28:55,317 It would probably be 2 to 3 feet from that. 354 00:28:55,317 --> 00:28:56,364 Okay, so pretty close. 355 00:28:56,364 --> 00:28:56,912 Yes. 356 00:28:56,912 --> 00:28:57,991 All right, thank you. 357 00:28:57,991 --> 00:29:01,722 Yep. 358 00:29:01,722 --> 00:29:05,363 Okay, all right, I think, uh, thank you very much. 359 00:29:05,363 --> 00:29:11,043 I think we're going to move to the public input portion of the hearing at this 360 00:29:11,043 --> 00:29:16,359 point. So if there's anyone here to speak in support of this application, 361 00:29:16,359 --> 00:29:19,199 I ask you to come forward at this time. 362 00:29:19,199 --> 00:29:24,951 And seeing none, I'll ask if there's anyone here to speak in opposition to this 363 00:29:24,951 --> 00:29:30,413 application. Okay, seeing none, uh, this is generally the rebuttal portion. 364 00:29:30,413 --> 00:29:32,816 You don't have anything to rebut, 365 00:29:32,816 --> 00:29:36,675 so I'll just ask if you have any additional comments. 366 00:29:38,624 --> 00:29:39,011 Okay. 367 00:29:39,011 --> 00:29:40,429 I will tell you all the neighbors— 368 00:29:40,429 --> 00:29:44,168 If you would come to the microphone just so that we could get you captured on the 369 00:29:44,168 --> 00:29:44,491 record. 370 00:29:45,283 --> 00:29:49,917 I will tell you that, uh, all the neighbors have been sensational. 371 00:29:49,917 --> 00:29:51,321 They all support it. 372 00:29:51,321 --> 00:29:55,955 I just saw a thing come through the EDARP yesterday of Ron Kramer. 373 00:29:55,955 --> 00:29:59,535 The mailer was sent back, uh, from the post office. 374 00:29:59,535 --> 00:30:03,888 Long story short, he lives directly across the street from me, 375 00:30:03,888 --> 00:30:09,083 and he was on one of those signed notes I did early on, uh, to approve it. 376 00:30:09,083 --> 00:30:11,681 So just want you to be aware of that. 377 00:30:11,681 --> 00:30:14,359 Thank you. Thank you very much. 378 00:30:14,359 --> 00:30:16,346 Okay, so with that, um, 379 00:30:16,346 --> 00:30:21,443 we have gone through public input and the rebuttal portion, 380 00:30:21,443 --> 00:30:27,318 so I'm going to make sure there aren't any last questions for staff. 381 00:30:27,318 --> 00:30:31,896 Okay, then we will close this portion of the hearing. 382 00:30:31,896 --> 00:30:36,907 We'll move to any comments or a motion from commissioners. 383 00:30:36,907 --> 00:30:41,769 Um, I'm in support of this application, and unless there's any comments, 384 00:30:41,769 --> 00:30:43,187 I'll make the motion. 385 00:30:43,187 --> 00:30:46,158 I move to approve item number 3, BOA 26-005, 386 00:30:46,158 --> 00:30:50,209 the 16990 Cherry Creek Crossing Drive side setback variance, 387 00:30:50,209 --> 00:30:54,193 incorporating staff's recommended conditions and notations, 388 00:30:54,193 --> 00:30:59,257 and further finding that based on equitable considerations presented by the 389 00:30:59,257 --> 00:31:04,119 applicant, the burdens of strict compliance with the zoning requirements 390 00:31:04,119 --> 00:31:09,454 significantly exceed the benefits of such compliance for this specific piece of 391 00:31:09,454 --> 00:31:14,990 property. I further find that the subject property has numerous legal restrictions 392 00:31:14,990 --> 00:31:19,177 which would make placement of the garage elsewhere a hardship. 393 00:31:19,177 --> 00:31:24,106 This is due to the existence of the no-build area, the steep slope in the 394 00:31:24,106 --> 00:31:24,444 no-build area, the steep slope in the back, 395 00:31:24,444 --> 00:31:27,955 the general configuration of the home on the parcel, 396 00:31:27,955 --> 00:31:32,479 and the PUD guideline requiring that garages not be prominent along 397 00:31:32,479 --> 00:31:33,357 garages not be prominent along streetscapes. 398 00:31:33,357 --> 00:31:37,624 Second. Okay, that's been moved and seconded. 399 00:31:37,624 --> 00:31:41,511 Do I have any further comments this time? 400 00:31:41,511 --> 00:31:49,097 Okay, I will, um, go ahead and call the roll beginning with Commissioner Wysong. 401 00:31:49,097 --> 00:31:50,067 Aye. 402 00:31:50,067 --> 00:31:51,428 Vice Chair Nelson. 403 00:31:51,428 --> 00:31:51,736 Aye. 404 00:31:51,736 --> 00:31:53,470 Commissioner Applegate. 405 00:31:53,470 --> 00:31:53,680 Aye. 406 00:31:53,680 --> 00:31:55,365 Commissioner Williams. 407 00:31:55,365 --> 00:31:55,868 Aye. 408 00:31:55,868 --> 00:31:58,701 And the chair votes aye. 409 00:31:58,701 --> 00:32:02,597 That passes 5-0. Congratulations. 410 00:32:02,597 --> 00:32:04,132 Okay, item 4. 411 00:32:04,132 --> 00:32:08,431 Item number 4 is the addendum, and there are no addendums today. 412 00:32:08,431 --> 00:32:09,714 Item 5. 413 00:32:09,714 --> 00:32:13,677 Item 5 is the executive session, and there is no request for executive session. 414 00:32:13,677 --> 00:32:16,482 Okay, with that, we've come to the end of this agenda, 415 00:32:16,482 --> 00:32:18,040 and this meeting is adjourned.