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ORDINANCE NO._ AN ORDINANCE AMENDING THE ROSEVILLE CITY CODE, SECTION 1013.02C (Minor Variance) TO ESTABLISH A SETBACK PERMIT PROCESS AND SECTION 1014.03 THE CITY OF ROSEVILLE DOES ORDAIN: Section 1. Purpose. The purpose of this Ordinance is to amend Section 1 013.02C (Minor Variance Procedure) and to delete minor variance provisions. The ordinance will substitute a setback permit process which will reduce approval time, utilize a similar review process and require no physical hardship finding. Section 2. Roseville City Code Section 1013.02C is hereby amended as follows: C. Procedure For MiRgr \(~ri~RQQ Setback Permit. An owner of land may file an application for a miRgr '!~riaR~e setback permit as defined in subsection 1 below by paying the fee set forth in Section 1014.03 of this Title. The application shall then be referred to the MiRgr V~ri~RQQ Qg:ml Development Review Committee as set forth in subsection 2 of this Section. In the event that the Qg~r" Committee unanimously approves said '.'~ri~RQe setback, the \'~ri~RQQ setback permit may be granted by the City Cg\,lR~iI Community Development Director. In the event the application is not unanimously approved by the ~ Committee, the applicant may proceed as provided in subsection B of this Section and the original fee shall be applied to the fee as required for a variance. A "miRgr \'~r.i~R~e" "setback permit" is a \'~ri~RQQ tg reduction of the front, side or rear yard setbacks of principal and accessory structures in either R-1 or R-2 Districts, or to the non-motorized pathway requirements of Section 1012.07 of this Title, or to the driveway width restrictions in subsection 703.04B of this Code. The MiRgr \(~ri~RQQ Qgar" Development Review Committee shall be composed of the Chief Code Enforcement Officer, the City Planner, Community Development Director (or designee), the Public Works Director (or designee), the City Manager (or designee). The Committee may request additional review from other city departments or public agencies. Before the MiRgr \(ariaR~Q Qgar" Development Review Committee may consider such miRgr uariaR~e setback reduction permit application, the applicant shall secure and present written statements from owners of property contiguous to the affected yard for which the u:uiaRQQ setback permit is requested, specifically noting whether there isO~cf\\ _. \\=> ~,9bjeGtioFi;aA~~ to such miRgr '(ari~RQe setback. The ~ rtV ~~ 'Committee shall determine the adequacy and accuracy of the names and addresses of f'~.. such property owners. ~I}~ ~ @~JfZd1I~ n "Tha i91\?~ae~ '0~cl<< ~rW~~ ~ ~~ fW"W The MiRgr \(ari~RQQ Qgar" Development Review Committee shall schedule an @.~ administrative hearing, the time and place for which shall be set by the City MaRagQr ~$ 't)z~'?-q Community Development Director. The applicant and contiguous property owners to the ~~V'iiii7 affected yard shall be notified by the Community Development Director (or designee) of D () i~~O~ such time and place in writing not less than five (5) days prior to such hearing. The ~ MaR~ger Committee may inform additional property owners as the City M3R3ger Committee may feel merit an interest in the proceedings. 1. 2. 3. 4. In addition to other requirements in this Section, to approve a permit the Committee shall find that a minimum of eight (8) of the following site conditions are present: a. One car garage or less is located on the site. b. Improves the design or livability of the structure. c. Improves the terrain or drainage issue. d. The original cause for the setback permit was not created by the current owner.