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INTEROFFICE MEMORANDUM TO: FROM: SUBJECT: DATE: DENNIS WELSCH, COMMUNITY DEVELOPMENT DIRECTOR THOMAS PASCHKE, CITY PLANNER TIM GARVIN SETBACK PERMIT 06/03/2002 On Thursday, May 30, 2002 the Development Review Committee held the hearing regarding the setback permit request of Mr. Garvin to allow a covered deck/porch six feet into the required 10 foot side yard setback. Present at the hearing were Tim and Tara Garvin, Tom and Catherine Kirlin (adjacent neighbors), Deb Bloom, Dean Findell, Don Munson, Cathy Bennett, and myself. After brief introductions, I reviewed the DRC setback permit process and asked both the applicants and neighbors to comment on the proposal. The Kirlin's provided a letter (attached) opposing the proposed porch, which listed diminished property value, deprivation or privacy, additional noise and activity, and potential impact to existing mature trees. Mr. Garvin indicated that poor soils limited where the home could be placed on the lot and that the home was designed to have the deck, but after consideration he and Tara felt a covered deck/porch would be a nice feature that could provide more use. I reviewed the conditions on which DRC judges a setback permit request and asked each member to indicate support or opposition, and their concluding reasons. The DRC agreed that a, c, f, and j did not apply to the request; that d, could not be met; and that b, e, g, h, i, k, I were conditions met by the request. With that said, the DRC was split on their vote regarding the request. Don Munson and Deb Bloom felt the request did not meet the purpose and intent of the "original" reason the setback permit was created, while Dean Findell, Cathy Bennett, and I felt that it did meet the "much changed" purpose and intent of the setback permit process. The recommendation, on a 3 to 2 vote, is to approve the setback permit for Mr. Garvin, subject to the porch roof having gutters that guide water away from the structure and adjacent structures.