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From YouTube: Board of Zoning Appeals March 22, 2022
Description
Board of Zoning Appeals
March 22, 2022
5:30
Call to Order
Minutes
Old Business:
A) Final Orders
New Business:
A) App 22- 93006 — Petitioner Joy Albrecht is requesting a Variance to Zoning Ordinance Section 4. 1. 4. D to permit an approximate 15- foot tall fence in the side and rear yard of a property zoned Downtown Business ( DB) and generally located at 355 Park Ave SW ( TPN: 105- 36- 02- 006).
B) App 22- 92002— Petitioner Sarah Niemann of Prestwick Companies with authorization from Reynolds II, LLC, property owner, is requesting a Special Exception pursuant to Zoning Ordinance Section 3. 1. 6 to permit a 42- unit multifamily residential development on property zoned General Business ( GB) and generally located along Trail Ridge Road ( TPN: 106- 05-17- 003).
WITHDRAWN at the Applicant' s Request
Adjournment
A
B
A
A
D
A
A
A
A
A
That's
requesting
a
zoning
change
to
permit
an
approximately
15
foot,
tall
fence
in
the
side
and
rear
properties
of
rear
yard
and
the
properties
on
our
db,
downtown
business
and
the
location
address
is
355
park
avenue
southwest
to
the
city.
Has
this
been
properly
posted?
Yes,
mr
chairman,
did
you
have
any
inquiries
that
you
wish
to
show
the
board.
D
D
D
C
D
D
Adjoining
properties
to
the
east
are
also
zoned
downtown
business
and
are
developed
as
multi-family,
residential
and
commercial
office
space.
The
property
directly
to
the
east
here
is
residential
multi-family
apartments,
and
here
is
a
telecommunications
office
space
for
att.
I
believe,
let's
see
here,
properties
in
the
immediate
vicinity
are
either
zoned
residential
single
family
to
the
west.
Here.
D
D
But
that
is
not
evident
in
that
survey.
There,
information
provided
by
the
applicant,
including
a
site
plan
and
photographs
of
the
prior
fence
and
the
current
conditions
of
the
yard,
is
contained
in
exhibit
c
of
the
agenda
packet.
The
site
plan
illustrated
here
indicates
the
proposed
fence
will
be
approximately
15
feet
tall
along
and
approximately
69
foot
long
section
of
the
eastern
property
line
highlighted
here
in
red,
so
the
15
foot
tall
fence
would
start
essentially
midway
on
the
primary
structure
and
extend
all
the
way
down
to
the
accessory
structure,
pool
house
and
terminate
there.
C
D
D
This
was
built
around
2013
or
it
was
approved
in
2013..
Again,
the
fence
was
approved
to
be
12
feet
high,
so
it
was
considered
non-conforming
at
the
time
it
just
was
not
basically
addressed
prior
to
its
construction,
but
this
is
what
it
looked
like
before
it
was
removed.
This
is
the
current
state
of
the
property.
D
Exhibit
d
of
your
agenda
packet
contains
a
vicinity
surrounding
area
zoning,
historic
overlay
and
topography
map
that
shows
existing
conditions
on
the
property
as
well
as
lot
lines
and
the
zoning
district.
We
saw
examples
of
that
before
again.
Just
to
reiterate,
the
fence
would
would
be
contained
to
this
section
of
the
property
here
at
a
15-foot
height.
D
This
is
a
topography
map.
It
illustrates
the
sloping
nature
of
the
surrounding
area.
Each
of
these
lines
is
a
five
foot
increment,
a
change
in
height.
It's
a
little
bit
hard
to
see
here,
but
particularly
along
this
eastern
side
here,
where
the
lines
are
closer
together.
That
indicates
a
steeper
slope,
so
the
farther
the
lines
are
apart,
the
the
more
gradient
or
the
the
less
the
slope
is,
and
these
are
increments
of
five
feet.
So
the
closer
the
lines
are
the
steeper.
D
C
D
D
D
D
D
This
structure
here
is
single-family
residential,
and
this
is
the
applicant's
home
in
question
on
the
west
side.
Here
there
is
a
bit
more
space
between
the
structures
than
on
the
east
side.
Here
this
is
the
applicant's
home
and
the
multi-family
apartment,
building
and
sort
of
the
proposed
fence
location
here
in
the
center.
So
it's
a
little
bit
closer
on
this
side
here.
D
This
is
a
photograph
of
the
fence,
height
relative
to
the
parking
lot
access.
It's
slightly
over
six
feet,
I'm
not
sure
how
tall
it's
going
to
be.
You
know
when
they
find
this,
as
you
can
see
it's
kind
of
not
exactly
level
here,
I'm
not
sure
if
it
will
be
leveled
off
here
or
not.
There
is
some
variation
in
these
these
fence
posts,
but
it's
it's
just
over
six
feet.
From
that
vantage
point,
you
know
on
the
adjoining
property.
D
This
is
a
an
illustration
of
basically
the
extent
to
which
the
the
15-foot
high
fence
would
extend
on
the
property
line.
As
you
can
see
it
sort
of
terminates
here
at
the
you
know,
the
northern
edge
of
the
the
accessory
structure,
slash
pool
house
with
the
remaining
fencing
to
be
much
smaller,
basically
to
shield
this,
this
section
of
the
yard
from
the
adjoining
parking
structure,
parking
areas.
D
D
D
A
D
D
Purview
over
what
was
being
built
and
what
wasn't
typically,
that
responsibility
falls
on
the
zoning
official
who
is
required
to
follow
up
on
applications
and
determine
if
the
construction
is
in
keeping
with
the
submitted
site
plans
submitted
materials,
etc.
The
required
height
it's
possible
that
at
that
time
there
wasn't
a
full-time
zoning
official.
D
D
D
These
requirements
for
a
12-foot
maximum
height
were
in
place
at
that
time,
so
it
would
not
be
considered
legal
non-conforming
in
that
sense,
but
yeah
outside
of
you
know
a
zoning
official
actually
going
out
and
and
monitoring
this
or
or
being
brought
to
the
planning
department's
attention
by
by
somebody
else.
Yeah,
there's
no
other
other
way
to
to
monitor
that
and
it
sounds
like,
or
it
seems
as
though
it
just
was
not
followed
up
on
at
that
point.
A
A
F
D
Yeah,
I'm
not
entirely
sure
it
appears
that
there's
some
sort
of
vegetation.
Perhaps
it
was
vegetation
that
was
scheduled
for
removal
at
the
time
of
the
construction.
I
don't
believe
they
appear
to
indicate
any
anything
significant
with
regards
to
the
the
actual
height
of
the
fence
or
its
location.
I
think
it's
just
an
existing
picture
that
was
submitted
to
illustrate
the
height
of
the.
G
D
G
D
Sure
that
is
just
a
way
to
to
indicate
that
the
fence
will
be
around
15
feet
high.
I
mean
I
don't
believe
there
is
room
for
like
two
to
three
feet
of
of
variance,
but
you
know
if
it's
five
foot
one
in
a
in
a
certain
section
or
if
it's
five
excuse
me,
fifteen
foot,
one
fifteen
feet
fifteen
feet
two.
So
there's
a
little.
C
G
D
D
H
D
H
D
B
D
The
packet
come
after
this
appears
to
be
after
the
home,
I
believe,
was
built
in
in
2006,
I'm
not
sure
when
the
the
accessory
structure
or
the
pool
house
was
built,
but
yeah.
This
is
approximately
six
or
seven
years
after
after
the
structure
was
built.
The
the
current
the
owner
at
that
time
had
petitioned
or
submitted
a
certificate
of
appropriates
for
a
fence
along
that
eastern
side
there,
but
the
board
approved
it
at
that
time
to
be
12
feet
high,
which
is
the
maximum
for
the
historic
district.
D
D
D
Structures-
or
you
know
fencing
in
this
case,
as
long
as
it
basically
doesn't
exceed,
I
believe
50
of
the
total
replacement
value.
So
essentially,
if
she
were
to
have
replaced,
excuse
me
repaired
the
fence.
She
would
have
been
that
would
have
been
fine,
but
because
the
fence
has
been
completely
removed.
It
is
now
required
to
conform
to
our
the
regulations
of
12
foot
high
maximum,
without
a
variance
so.
D
Yeah,
if
it,
if
it
was
legal
legal
non-conforming,
that
would
have
been
a
fence
that
would
have
been
put
in
place
prior
to
the
adoption
of
our
current
standard.
However,
it
appears
that
that
is
not
the
case
that
offense
was
cons
would
have
been
considered.
Non-Conforming,
not
legal
non-conforming,
not
legal,
not
conforming.
B
How
could
that
be
handled?
If,
if,
if
she,
if
the
applicant
right,
went
there
15-foot
fence,
it
was
there
when
I
assumed
it,
was
there
we'll
ask
the
applicant
when
she
bought
it
right
here?
She
bought
it.
15-Foot
best
was
there
okay,
some
pickets
fall
off,
even
though
it's
illegal
non-conforming,
they
could
still
put
the
pickets
back
up
at
the
same
height.
That.
D
H
D
D
Not
that
I'm
aware
of
that,
the
applicant
may
be
able
to
answer
a
little
bit
better
than
I
am,
but
yeah
basically
there's
as
far
as
I
understand
they're,
just
seeking
to
essentially
replace
that
existing
fence
or
that
that
fence
that
was
there,
but
because
it
was
a
non-conforming
fence
there.
They
require
variance
in
that
section
of
the
the
yard
there.
A
D
I
believe
this
was
brought
to
the
board's
attention.
Excuse
me
the
planning
department's
attention
in
the
last
few
months.
I'm
not
sure
I
believe
the
applicant's
contractor
is
here
when
they
started.
Work
was
probably
within
the
last
four
months.
Maybe
I'm
not
entirely
sure
when,
when
they
had
initiated
the
the
replacement,
but
it's
been
relatively
recent,
so
it
hasn't
been
too
long,
but
it
has
been
some
time
that
the
defense
hasn't
been
been
in
place.
D
I
can
provide
some
clarification
for
that.
Technically
anything
behind
the
farthest
section
of
the
home
here
is
considered
the
rear,
correct
yeah.
So
it
is,
they
really
don't
even
have
a
rear
lot
line.
I
mean
it's
kind
of
a
strange
parcel
as
you
can
see,
but
yeah
technically,
this
portion
of
the
fence
from
here
back
is
considered
a
rear
fence,
and
then
this
is
considered
a
rear.
Excuse
me
a
side
side
yard,
even
though
it
is,
it
is
quite
small
that
yard
there.
J
J
The
fence
in
question,
as
we've
discussed,
is
really
just
a
replacement
for
a
fence
that
was
already
there
and
miss
albrecht
has
done
nothing
but
improved
the
property
since
she's
lived
there.
So
you
know,
I
think,
that's
something
to
consider
that
a
new
fence
is
a
lot
better
than
one
that's
old
and
sort
of
decrepit.
J
The
other
thing
that
I
wanted
to
mention
is
the
fence
runs
along
a
driveway
and
two
parking
lots
and
the
only
windows
in
the
condominium
on
that
side
are
glass
bricks
which
you
can't
really
see
through,
that
are
over
the
bathtubs
on
that
side
and
a
very
small
window
in
the
master
bedroom
closet.
So
you're
not
really
impacting
anybody's
view.
You
know
if
they
were
to
look
out
those
windows.
J
J
The
other
thing
I
wanted
to
mention
is
that
mr
stevens,
who
lives
on
the
third
floor,
normally
has
a
video
camera
aimed
at
the
parking
lot,
and
but
many
of
us
have
noticed
that
recently
he
moved
that
video
camera
to
a
different
window
and
it
is
now
focused
on
miss
albrecht's
backyard.
So
you
know,
I
think
we
could
all
say
that
there
are
some
privacy
issues
with
that.
J
C
K
K
K
A
property
line
to
this
condominium
association,
so
really
things
shouldn't,
be
fixed
attached
board,
drilled
to
that
wall,
and
it's
very
it's
very
aged,
I'm
not
sure
what
their
intent
is
or
if
they
really
know.
But
that
was
a
big
concern
for
me-
was
how
they
were
going
to
build
this
apparently
back.
H
K
K
I
think
this
needs
to
be.
There's
too
many
unanswered
questions,
and
I
even
heard
it
tonight
with
the
board
on
exactly
how
high
is
this
fence
going
to
be?
How
is
it
going
to
be
built
and
is
it
safe,
and
I
just
don't
think
those
questions
have
been
been
answered.
Yet
I
think
I
mentioned
in
my
write-up,
I'm
in
construction
and
there's
different
places
that
I
do
work
and
an
engineer
is
absolutely
required.
C
K
C
K
K
So
in
this
angle,
this
picture
was
taken.
It's
a
little.
I
don't
know
a
better
word
to
use
a
little
deceiving.
They
went
up
on
the
top
of
the
steps
and
took
that
picture,
and
if
you
look,
you
can
refer
to
these
pictures
in
this
package
and
see
there
seemed
to
be
ample
privacy
before
so.
I'm
not
sure
what
the
exact
reasoning
is
to
heighten
the
fence
again,
but.
K
I
feel
like
if
the
board
wishes
to
consider
it
that
the
safety
the
safety
is,
is
priority,
because
I
think
this
this
is
a
high
elevation,
real
high
elevation
in
aitkin
highland
allen
park,
and
I
think
that
it
needs
to
be
really
carefully
considered
how
it's
put,
how
it's
put
back.
If
it's,
if
it's
built
any
higher,
especially
you.
K
K
K
They're
basically
installed
right
next
to
the
wall,
so
my
next
assumption
was
they're
going
to
use
that
wall
as
an
anchor,
which
means
drilling,
boring
jackhammer.
I
have
no
idea,
but
that
wall
is
just
about
70
years
old
and
they
have
no
idea.
I
don't
think
what
it
would
cost
if
that
that
blew
out.
If
that
gave
away-
and
it's
I
think,
everybody's
familiar
with
a
little
small
leak
and
water
and
what
it
can
do.
K
It's
it's,
I'm
not
I'm
not
so
opposed
to
the
height
of
the
fence,
as
I
am,
if
that's
being
safe
right,
and
that
would
be
something
for
a
professional
like
an
engineer
to
determine
you
know,
I
don't
you
could
question,
you
know
five
feet
with
it.
Anchored
you
know,
might
be
sufficient,
but
if,
as
far
as
I'll
say
my
property
as
in
the
condo
association,
now
as
you
pass
this
one
corner,
it
becomes
the
att
property,
but
I'm
referring
to
it's
really
unique.
It's.
C
K
K
I
wouldn't
I
wouldn't
want
to
estimate
that
it
depends
on.
We
really
not
clear
on
how
tall
it
is.
I
don't
think-
or
you
know
any
specifications
for
it
other
than
because
I'm
not
really
sure
how
tall
it
was
from
the
start.
I
did
want
to
clarify
something
in
here.
That
fence
does
not
predate
the
conduit
association
property
so
that
fence
came
along
after
that
too.
I
just
wanted
to
mention
that.
K
B
K
A
B
I
E
K
B
B
K
It
really
was,
but,
like
a
guy
told
me,
an
engineer,
told
me
one
time.
I
asked
him
how
all
this
stuff-
just
nothing
ever
happens.
He
says
luck,
so
I
see
he's
got
to
be
real,
careful
and
another
board
member
mentioned
this
is
zero
fire.
This
is
zero.
This
is,
could
be
considered
minor,
but
a
fire
is
not
minor,
but
it's
zero
setbacks,
which
means
one
or
the
other
could
build
to
the
line.
So
they
do
have
fire
codes
in
place,
which
would
most
likely
be
addressed
by
a
professional
engineer.
K
K
L
L
When
we
took
it
down,
it
was
just
dilapidated.
The
pickets
were
dilapidated.
There
was
no
movement
in
the
fence
whatsoever.
It
just
was
looking
starting
to
look
bad.
There
was
no
safety
issues
with
the
fence
whatsoever.
When
we
removed
the
fence
it
wasn't
attached,
we
don't
intend
to
attach
it
back.
L
They
weren't
set
in
concrete
either
we're
putting
over
500
pounds
of
concrete
in
each
hole.
So
I
don't
see
the
safety
concerns
in
that
at
all
I
mean
it.
The
city
doesn't
require
us
to
do
engineering
on
any
other
fence.
I
don't
know
why
we
do
it
here.
All
we're
doing
is
basically
putting
the
same
fence
back
on
steroids.
I
mean.
L
Again,
I
don't
have
exact
measurements.
If
I
were
to
do
it,
14
foot
nine,
it
would
be
below
seven
feet
tall
on
the
driveway,
so
it's
not
even
close
to
the
12
foot
that
the
city
allows
on
their
side
right
the
problem
here.
The
way
we
got
to
15
feet
is:
there's
a
six
or
seven
foot
drop
between
the
on
the
property
line.
L
If
the
property
like,
if
she
were
to
take
and
move
that
elevation
two
feet
over
in
her
property
line
and
put
12
foot
fence
up,
like
the
city
says
we
can,
it
would
be
five
six
feet
taller
than
it
is
now
I
mean
that
that's.
The
problem
is
the
only
reason
why
this
fence
is
so
vast
is
because
there's
a
six
or
seven
foot
drop
and
a
grade
to
go
along
with
it
going
down
her
line,
so
she
has
to
to
get
seven
feet
on
their
side.
She
has
to
build
a
15-foot
fence.
L
A
L
Over
500
pounds
of
concrete
holding
it
in
the
hole
each
post,
I
don't
have
an
actual
count
on
these
pictures
because
it's
been
so
long
since
we
put
them
in
the
ground
and
the
reason
why
they're
just
sitting
up
against
the
wall
like
that
is
because
the
first
fence
was
sitting
up
against
the
wall.
We
put
them
right
back
where
we
were.
L
L
I
A
M
M
Mr
stevens
has
all
had
also
replied,
and
I
countered
about
the
that
I
have
an
expectation
of
having
my
whole
backyard.
Private.
Truly.
This
fence
will
only
give
me
privacy
in
my
pool
area,
which
is
really
all
I
care
about.
I
have
a
great
relationship
with
my
neighbors
on
both
sides
and
I'm
absolutely
happy
to
do
whatever
makes
people
happy.
I've
lived
in
aiken
21
years.
I
own
commercial
property.
I
don't
I've
owned
a
lot
of
downtown
real
estate.
H
C
H
H
L
I
A
N
M
H
H
A
M
The
reason
being
is
when
you're
at
the
pool
truly
a
15-foot
fence
is
the
only
thing
that
blocks
the
vision
from
the
top
floors
of
the
house.
Because
of
my
slope
is
so
steep
and
theirs
is
so
flat
and
above
mine
that
the
people
in
the
top,
the
condos,
where
you
see
the
camera,
that
that
the
15
foot
fence
is
the
only
thing
that
would
be
as
you
can
see.
If
it
was
further
down,
I
mean,
even
if
I'm
in
the
pool
on
the
far
side,
they
still
can
see
in
the
pool.
M
M
M
M
A
H
Mr
chairman,
I
do
have
one
more
question
for
the
city,
at
least
so,
if
the
variance
is
granted,
is
there
any
other
responsibilities
back
to
design
review
boards
on
rebuild
of
this
fence?
It's
not
the
exact
same
fence,
so
is
the
fence?
Design
need
to
be
really
looked
at,
with
the
caveat
that
this
board
has
granted
the
height
waiver
how's
that
going
to
work.
D
H
D
H
D
Right,
it
would
only
go
back
before
them
if
our
zoning
official
determined
that
they
were
deviating
from
the
original
application
certificate
of
appropriate
application
that
was
approved
in
2013.
So
basically
he
would,
you
know,
go
out
and
monitor
the
site
and
make
sure
that
they
were
conforming
to
what
was
already
approved.
The
only
difference
is
it's
going
to
be
higher
than
the
12
foot,
basically
height,
that
was
approved.
D
H
Again,
not
to
beat
a
dead
horse,
but
three
additional
feet
over
what
they
initially
thought
street
view
and
all
that
would
look
like.
Maybe
they
would
rule
okay,
you've
been
granted
a
waiver,
but
now
we
would
prefer,
if
you're
going
to
build
it,
that
tall
that
it'll
look
more
like
this
is
my
question.