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Board of Adjustment approves variance for Lot 22A in Lost Horizons, 5-0
Summary
The Board of Adjustment approved a variance for Lot 22A in the Lost Horizons subdivision after staff reported the homeowner built an accessory structure without a permit and neighbors raised no opposition; a motion to approve passed 5-0 and staff will draft the order. The applicant had asked to continue to November so a full board could consider the request, citing quorum concerns.
The Board of Adjustment voted 5-0 to approve a variance for Lot 22A in the Lost Horizons subdivision after hearing a staff report that the property owner had constructed an accessory structure without first obtaining a permit.
A representative for the applicant asked at the start of the public hearing for the matter to be continued to November so the full board could consider it, saying the applicant had missed meetings because of work and feared the absence of members could prevent the four affirmative votes he said were required. Speaker 4, who presented the staff report, recommended approval based on the facts presented and noted that proposed changes to the Unified Development Code could render the variance unnecessary if they are adopted.
"I'd like to respectfully request that this public hearing be continued to the November date," Speaker 4 said, adding that the applicant preferred the full board to avoid the risk of rejection. Later in the presentation Speaker 4 summarized the facts: "Basically it boils down to an applicant not realizing that accessory structures needed a permit. Built up the structure, public notices have been sent out multiple times in the newspaper and to residents. Nobody has contacted us, at least to my knowledge, that is opposed to this."
Board members discussed whether to delay for a later, possibly reconstituted board and whether recent law changes affecting planning votes would alter the threshold for approval. Speaker 6 asked whether a newly passed law -- described in the meeting materials as changing some votes from a two-thirds threshold to a simple majority -- applies to Board of Adjustment decisions; no definitive statutory interpretation was recorded in the meeting.
After the presentation and questions, Speaker 5 moved to approve "the Board of Adjustments approval for the property owner of Lot 22 A, Lost Horizons edition for the variance from Code of Ordinances Chapter 12A." Speaker 1 seconded. "Looks like motion carries 5 to 0," Speaker 1 said. Speaker 4 told the board staff would prepare the order documenting the approval.
Board members also pressed staff on preventive steps to reduce similar cases in the future. Speaker 4 recommended a public education campaign and improvements to online resources, including adding clear permitting information to the city's permitting page and highlighting an interactive map residents can use to check whether an address is inside city limits or in the extraterritorial jurisdiction.
The meeting concluded after the approval and the board adjourned.
