CCP 07-28-2003 - Laserfiche WebLink

Home Browse Search

,.. < other things: balconies eight feet above grade may extend to within 5 feet of a lot line, and covered porches could extend 20 feet into the rear yard provided they were not any . closer than 10 feet from the rear lot line. A deck would likely have been considered similar to one of these to items and would probably be pennitted without any variances. Staff has also researched the Planning Case database and did not find a previous variance for this property. Building Permit: In 1973, a building pennit for a dwelling was issued to the owner for a house that was to be approximately 28 feet deep, 56 feet wide, and located 45 feet from the cul-de-sac, 85 feet from the property to the west, and 10 feet from the property to the east. No information was provided on the rear setback; however the pennit did not request that information either. Since there is no separate building pennit for the deck it is possible that: A) pennits were not required for construction of decks; B) it was somehow included in the original building permit (although the permit makes no mention of a deck); C) permits were required at the time and this deck was constructed without a pennit. Staffis under the impression that the deck was constructed under one of the first two possibilities. Based on the information stated above, staff has detennined that the deck was likely pennitted when it was constructed in 1973. Plannm!! Commission Recommendation . In Planning Case #03-16, the Planning Commission recommends that the variance request of eighteen (18) feet for the minimum rear setback be approved as submitted: . Although the Planning Commission discussed adding a condition, it appears that the condition was not included in the formal action. The condition that the Planning Commission had discussed would require that building pennits be filed with the Building Official for approval prior to the issuance of a building pennit. While it is standard procedure to require a building pennit for most construction projects, the condition would be another way to ensure that such procedure was adhered to. If the Council so chooses approval could be made subject to the following condition: I. All necessary applications for building permits shall be filed with the City Building Official for approval prior to issuance of a building permit. Options 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial with reasons for denial. If the City denies the petitioners request, " .. .it must state in writing the reasons for the denial at the time it denies the request." 4. Table for additional information. PC #03-16-- CC Report 07128/2003 - Page 2 00 .