PC 012313 - Laserfiche WebLink

Ms. Diamond replied that it was stated in two ways: the first would be an objection to the fee; and the second would be if the City still wanted to impose a fee, that there be consideration of some kind of a waiver for hardship. Commissioner Narum recalled the group home that was done in the Valle Vista area with a ramp out front that the neighbors opposed and inquired how the City would handle a similar request for a wheelchair ramp in this case. She indicated that she is aware the City has design guidelines, but this would be a case where the City would have no say. Commissioner O'Connor inquired if at least the neighbors or residents in the neighborhood would be notified if the City were to approve such an application. Mr. Dolan replied that this application may have occurred before his time because he is not familiar with it. He indicated that he cannot imagine how it came before the Commission because it would not have required a design review as it is less than ten feet tall. Ms. Stern stated that it may have required a variance in the setback area. Commissioner O'Connor recalled that it was quite an extensive ramp that was pretty large and elaborate, unlike what one would normally see. Mr. Otto stated that he does not recall it requiring a variance and that he thinks the neighbors were calling about the use that came up as part of ramp. He recalled that it was exempt from design review and did not need a variance, and it could just have been put in. He noted that over the years, there have been several ramps that have been installed in other locations where staff informed the applicants that they can just do it. Mr. Dolan stated that this is not anything new and happens as a matter of course now because there are those laws saying that the City needs to make reasonable accommodation. He explained that the way it works is, if they are proposing something that is hideously ugly or offensive, staff tries to work with them to make it better or suggest a better solution; however, that is the extent of staff's ability. Commissioner Narum asked if what Mr. Dolan is saying is that the City has no teeth for this. Commissioner O'Connor inquired if the City has some discretion on design review. Mr. Dolan replied that the City does not have design review authority for anything lower than ten feet, such as any changes to the exterior of a residential structure. Commissioner O'Connor inquired if this is the case even if they want to encroach into the required setback. PLANNING COMMISSION MINUTES, January 23, 2013 Page 41 of 44