ITEM02 C15-2025-0041 PRESENTATION — original pdf

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ITEM02/1-PRESENTATION-PERMIT HOLDER6706 Bridge Hill Cove Permit Holder Presentation November 10, 2025 Board of Adjustment Appeal of Administrative Decision 2 ITEM02/2-PRESENTATION-PERMIT HOLDERITEM02/3-PRESENTATION-PERMIT HOLDERITEM02/4-PRESENTATION-PERMIT HOLDERITEM02/5-PRESENTATION-PERMIT HOLDERITEM02/6-PRESENTATION-PERMIT HOLDERITEM02/7-PRESENTATION-PERMIT HOLDERConstruction Remains Permissible Even If Nothing Had Existed For argument’s sake, set aside every claim about expired permits or the loss of noncomplying status, and assume something far more drastic: that there had never been improvements in this disputed area. Even under that assumption, all of the construction in this area remains permissible under Section 25- 2-963(F), which authorizes extension of a noncomplying structure along its original setback for up to 25 feet. ITEM02/8-PRESENTATION-PERMIT HOLDER25-2-963(F) Allows Limited Extensions Matching the Original Setback Section 25-2-963 applies to structures legally built under earlier codes but not compliant with today’s restrictions. 25-2-963(F) A person may modify a building that is a noncomplying structure based on a yard setback requirement of this title if: 1. the modified portion of the building: Subsection (F) explicitly allows those structures to be extended 50% (up to 25 feet) along the original setback line. The City interprets “modified portion of the building” on a floor-by-floor basis and evaluates each level individually. a. does not extend further into the required yard setback than the existing noncomplying portion of the building, except for a vertical change in finished floor elevation allowed under Subsection (B)(2) of this section b. unless located in a street side yard, is not greater in height than the existing noncomplying portion of the building, except for a vertical change in finished floor elevation allowed under Subsection (B)(2) of this section; and c. complies with the height requirements of this title; and 2. the additional length of a modified portion of the building does not exceed the lesser of 50 percent of the length of the noncomplying portion of the building or 25 feet measured from the existing building and parallel to the lot line. ITEM02/9-PRESENTATION-PERMIT HOLDERITEM02/10-PRESENTATION-PERMIT HOLDERTop Floor is Eligible for 21.5’ Extension The existing noncomplying top floor is 43 feet long and therefore allowed a 50% extension under the code, equal to 21.5’ of additional length. This extension was applied primarily to the front of the building and partly to a rear patio. All construction within the 10’ setback is expressly permitted under Section 25-2-963(F). ITEM02/11-PRESENTATION-PERMIT HOLDERITEM02/12-PRESENTATION-PERMIT HOLDERITEM02/13-PRESENTATION-PERMIT HOLDERConclusion: Every Claim in the Appeal Fails Claim Response Height or setback exceeded Incorrect. Setback extensions comply with 25-2-963(F), and pools are allowed under 25-2-513(E). Noncomplying status lost during demolition Irrelevant. The current work does not rely on the noncomplying status of any demolished areas. Instead, the main noncomplying structure is being extended under 25-2-963(F). The 2001 permit expired Irrelevant. The current work stands on its own and doesn’t depend on the 2001 patio expansion. Bottom Line: This project remains fully compliant with the current LDC, even if the old patio and 2001 expired permit had never existed at all. ITEM02/14-PRESENTATION-PERMIT HOLDER6706 Bridge Hill Cove Permit Holder Presentation November 10, 2025 Board of Adjustment Appeal of Administrative Decision 1 5 ITEM02/15-PRESENTATION-PERMIT HOLDER