PUBLIC HEARING Variance Application APP2006-00873, Herman Guzman for Ann Everts – A variance request of twelve feet from the Residential Townhouse project perimeter setback requirement of thirty feet in order to construct an uncovered deck. The property is located at 5928 Halpine Road. An Affidavit of Posting was submitted into the record as Exhibit 1. Herman Guzman, President and CEO of A Frank A Inspection Inc. presented the applicant’s request. Mr. Guzman explained that Home Depot is building a deck for his client and did not file for a variance. The variance request is for an elevated twelve-foot deep by sixteen foot wide uncovered deck onto the rear of the existing townhouse. Mr. Guzman stated that the variance would not be contrary to the public interest because the townhouses are located within this project were designed to accommodate the construction of decks accessed from the main living area of the homes. Many of the homes within this development have already been granted variances for construction or were able to build a functional deck within the boundaries set by the Ordinance. Mr. Guzman stated that the condition peculiar to this property relates to the inflexibility of the Residential Townhouse Development requirements. The Ordinance requires that the townhouses be placed a minimum of thirty feet from the project’s boundary. There are no setback requirements for townhouses located more than thirty feet away from the boundary of the project. If this property had been developed as a standard R-60 lot, a deck could be placed as close as eleven feet to the project perimeter. Mr. Guzman stated that if the Board grants this variance, his client would be able to enjoy the added utility of the deck and rear yard area. If the variance is not granted, the depth of the deck would be limited to six feet. A nine-foot deep deck could provide for seating arrangements with an umbrella and table. A six-foot deck is slightly more than a balcony depth and would provide limited usage. The Board questioned staff about the special development procedures regarding this property. Ms. Hall explained that based on the underlying requirements, a twelve foot variance is necessary because, although the main part of the deck is only nine feet deep, a twelve foot variance is necessary because the back wall of the house, not the bay windows, is placed on the thirty foot project perimeter setback line. Mr. Guzman stated that his client would like to add circular steps in the future. Mr. Sternstein asked staff if the steps would change the footprint of the current request. Ms. Hall replied that it would. Mr. Guzman stated that the change would be three feet. The Board and staff discussed the amendment to the variance application. In response to questions from the Board, Ms. Ann Everts, applicant, stated that she would like to have the circular steps in the future. The location of the proposed steps were discussed by the Board, staff and the applicant.
There being no one else to speak for or against the variance application, the Chair declared the public hearing closed. DECISIONS Variance Application APP2006-00873, Herman Guzman for Ann Everts Mr. Schwartzman moved, seconded by Mr. Deitchman to approve Variance Application APP2006-00873, Herman Guzman for Ann Everts with revised Condition 1 to state “The Deck and spiral staircase be constructed in substantial accordance with the submitted plans and with materials compatible with the existing dwelling”, and a new Condition 2 states “Submit a revised drawing to the Planning Division showing future stairs showing no additional encroachment within the twelve foot variance.” Condition 3 regarding the Affidavit of Posting has been submitted. The motion passed unanimously. OLD BUSINESS Discussion of Draft Decision and Order for Special Exception Application SPX2005-00364, Omnipoint Communications CAP Operations, LLC. The Board discussed the draft and recommended corrections to the Draft Decision and Order document. The Board also discussed the moratorium with staff. ADJOURN There being no further business to come before the Board, the Chair adjourned the meeting at 10:45 a.m. NOTE: Should further details of this hearing be required, a tape recording of the meeting is available. The Planning Division maintains a tape of the meeting for a period not less than one year from the date of each meeting. | 
