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<br />FUG 15 '94 1219: 42AM PET, ŒLL, CONY, JENSE <br /> <br />P.4/4 <br /> <br />Ms. Carolines Bell <br />August 11, 1994 <br />Page 3 <br /> <br />1. ~ The at grade deck, which rests on the same footings as the house, <br />is clearly an appurtenance and. part oftbe structure under the <br />code. If the staff proposal is accepted, decks are not structures, <br />and thê city would be hard pressed to claim that decks are in any <br />way subject to the setback requirements of the code. <br /> <br />In addition to arguments based on the code itself, the city is <br />equitably estopped from denying the permit. In 1991 Mr. Kadrie <br />applied for the building permit which is presently at issue. This <br />permit contained architectural plans showing in clear detail the <br />proposed expansion of the kitchen, and the expansion of the first <br />floor deck. 'l'he permit applied for was granted. The city planner <br />now takes the position, in his report, that ... 'IBaaed on permit <br />·valuation and past approvals, it is clear that the building permit <br />was intended for the family room addition between the house and <br />free standing garage only". The staff may have no problem <br />asserting that detailed architectural drawings for the project do <br />not define the extent of the project, but we submit they will have <br />a very difficult time trying to persuade a finder of fact that the <br />drawings have no meaning. Mr. Kadrie has properly relied on the <br />permit and has expended substantial funds, as well as altered the <br />appearance! of his home as part of the construotion. We feel there <br />is a strong case for equitable estoppel, even if the city were to <br />find an answer to the problems of ignoring the relevant zoning <br />code. <br /> <br />~ <br />;¡p;. <br />~ <br /> <br /> <br />Mr. Kadrie is incurring substantial loss while the city considers <br />the matter. The kitchen addition which the staff has no objection <br />to presently stands open to the elements because construction has <br />been stopped. The kitchen addition has a tongue and grove ceiling <br />whioh must be enclosed to avoid destruotion by the elements. We <br />believe the council should act immediately to reinstate the <br />building permit previously granted for a project which satisfies <br />all requirements of your zoning ordinance. <br /> <br />~ 1'-=-- <br /> <br />Dennis L. Smith <br /> <br />DLS/di <br /> <br />. <br /> <br />f,\dlabin\1.tt.r8\ka~ie"11 <br />