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<br />~ <br /> <br />staff as to whether a structure such as the one under discussion can ormally be built on a <br />person's property without review as long as it fits in with the setb s. Mr. Swift replied <br />that as this particular structure was 11 ft. high it required design re iew approval; however, <br />if the building were less than ten ft. it would not have required adm nistrative design review. <br /> <br />In response to Commissioner Michelotti's question, Mr. Swift furth r clarified that if the <br />building had been less than ten ft. it would not have required admin strative design review; <br />however, it would still have required a building permit. <br /> <br />In response to Commissioner Mahern's question, Mr. Swift further larified that freestanding <br />garages, cabana rooms, and a number of other four-walled accesso structures can be built <br />without administrative design review, as long as a building permit i obtained. The City can <br />put certain restrictions on various wning districts or subdivisions; h wever, the structure <br />under discussion could have been built with only a permit if the hei ht had been less than ten <br />ft. <br /> <br />THE PUBLIC HEARING WAS OPENED. <br /> <br /> <br />is site had any bearing <br />the allowed FAR. If it <br />down. <br /> <br />Commissioner McGuirk questioned staff as to whether the FAR on <br />on the case. Mr. Swift replied that the accessory structure is withi <br />had gone over that limit, the building permit would have been turn <br /> <br />~ <br /> <br />Norman Bottorff, 2927 Victoria Meadow Court, represented the ap . He stated that he <br />and his wife bought their house knowing that they were on a hill, b t were not aware they <br />might have to deal with a situation as they are now. He felt that r. Salmon had built the <br />pavilion illegally and that the only correct solution was to remove i. He thought that if the <br />pavilion is allowed to remain as it is, other neighbors in the area w 11 soon be doing the same <br />thing. He said no permit had been obtained, and no inspections w e made by the City once <br />the structure was complete. He continued to say that he thought th structure should be <br />removed; and that if the property is sold or transferred, that it sho d be stated in the deed <br />that the structure should be removed or demolished. <br /> <br />Brigitte Ben, 668 Orofino Court, also represented the appeal. She hanked the Commission <br />for coming to their homes to see the structure from their point of v ew. She stated she is <br />very opposed to the structure, and if it is not to be entirely remov ,she would prefer that it <br />is at least moved to the middle of the yard. She was opposed to th smoked glass windows <br />and felt they should be removed as she did not like the feeling of h ving someone watching <br />while she could not tell whether someone was there or not. She fe t there were a number of <br />problems associated with this structure. She thought that if the Co mission would allow the <br />structure to remain as it is that it is setting a precedent for other pIe to build a similar <br />one. Mrs. Ben noted that all the neighbors are waiting to see wha is going to be decided. <br />She felt the bottom line is that the structure was built illegally and hould be removed. <br /> <br />~ <br /> <br />Planning Commission Minutes September 23, t992 <br /> <br />Page 3 <br />