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Appeal Against the Setback Permit for 2940 Old Highway 8 The following items on the application are incorrect or we disagree with them. In section 10, a minimum of 8 conditions are required before this application can be considered for acceptance. Todd and Kim Kaus have marked 10 of these conditions as met. One of these clearly should not have been claimed (IO.j). We strongly contest three others, and bring in to question one other: 9. Additional living space looks like it can be added behind a non-angled 2.5 stall garage with the living space behind the new garage, similar to the three newest houses on Old Highway 8, without encroaching on the standard 10' side yard setback. Why is such a plan not listed as an alternative in the application? 10.c. In what ways does the project improve the terrain or a drainage issue? There is no grading and drainage plan provided as part of the permit application, as required by section 12.c, to support this point. This condition should not be taken as counting toward the required minimum. 10.i The width of the project is inconsistent with that of the contiguous properties. The mass of the project appears greater than that of the contiguous properties due to this width. This condition should not be taken as counting toward the required minimum. 10.j. The bedrooms in our house at 2948 are on the street side of the house. The first floor is half underground, so the master bedroom is only 1/2 story up and is adjacent to the proposed new garage and expanded driveway. The same condition exists for the room below the master bedroom, which while not currently used as a bedroom can be easily converted to one by future owners. This condition refers to the impact on our house, "The building or driveway expansion/addition does not place more vehicles adjacent to living quarter first floor bedrooms of adjacent homeowners." It does just that. Todd and Kim Kaus's claim for this condition is that, "the proposed improvements actually add a living area (mud room, 1/2 bath, laundry) between the bedroom and garage -- currently the bedroom is adjacent to the garage," which is irrelevant to the this condition. This condition does not count toward the required mmnnum. 10.k There is no grading and drainage plan provide as part of the permit application, as required by section 12.c, to support this point. The statement, "Yes - we will provide appropriate gutters where needed," is insufficient September 12, 1999 Page 2 of5