pf_02614 - Laserfiche WebLink

Home

FUG 15 '94 09:41AM FET, EELL,CONY,JENSE P.3/4 Ms. Caroline Bell August 11, 1994 Page 2 . opposed to all other dimensions - is the setback requirement. The code defines "setback" at Sec. 16.08 (8.) CL It Setback means the minimal horizontal ð.iø~ano. between a structure and the normal higb water mark, or between a structure and a ;road or highway. n (E~haeis added) . The code cannot bê read to say that setback limitations apply to dimensions of volume or height. The zoning Code is perfectly clear that the only relevant dimension is the horizontal distance to the high water mark. '1'0 now claim that the increase of other dimensions, e.g. height or volume, is forbidden compels the conclusion that the city has broken the law every time it has issu.ed a building permit for additional construction of any property in the city which is less than 75 feet from the high water mark. The a.nalysis which allowed the addition between the house and garage holds true as well for the expansion of the kitchen area onto the existing first floor deck and a "bull nose" deck which would extend 9' 4 n beyond the dimensions of the original first floor deck. The at grade deck is 15' from the high water ma.rk of the lake. The horizontal distance from the "bull nose" deck to t:he high water mark of the lake is greater than 15'. Therefore the substandard dimension of the structure is not being increased, and the permit cannot be denied under the ordinance. · The city planner has attempted to make the case for denying the permit in his planning report of September 8,1993. A close reading of the report is informative. The planner cannot find support in the code for the position that the at grade deck establishes the outer limit of the substandard use. To make the arguments one does not invent limitations i. e. "integral structural element II that the code does not contain. ·Staff further interprets the code to limit further encroachment on the lower level beyond the existing .truet:\ttal wall (the at grade deck is Dot oonøi4erod to be an iDt.-qral øtruClturaJ. element" Emphasis added. The code itself contains no such language. On the contrary, the code is ~rystal clear that the deck is to be understood as part of the structure. Structure means any building or appurteDance thereto, except aerial or underground utility lines such as sewer, electric, telephone, te~egraphic, or gas lines including towers, poles and other supporting appurtenances. Sec. 16.080 (10). Emphasis added.