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<br />Commissioner Wright asked if the case in question for 3737 Nichole <br />resolved by staff. Mr. Swift indicated that the case has not been co <br />time. <br /> <br />venue has been <br />letely resolved at this <br /> <br />In response to Commissioner Michelotti's question, Mr. Swift replied that the way the Code <br />is currently written that if a case does not fall within the over 100feet tall rule, no <br />discretionary review approval is required, and as long as the setback equirements are met, a <br />case can be approved. A Code modification could layout some p eters to be looked at <br />in regard to height, setbacks, etc, such as for dog runs that do not ru over 6 feet high, but <br />the City receives a number of complaints about them. <br /> <br />Commissioner Finch noted that he has been in the construction busin ss for a number of <br />years and pointed out that should changes be made to the Code, that ution must be taken so <br />as not to unduly burden people with rules that may not apply to their rtain situations. He <br />did not think it was worth the time and efforts of staff to change the ode for something <br />such as a sports cage that may not occur often. However, he noted at <br />in living next to someone who has a tennis court he could see how a esh net could obstruct <br />a view. He thought it might be of value if the Code were to address e issue of viewshed <br />by amenities such as sports cages, etc. <br /> <br />Chairman Hovingh questioned Mr. Swift as to how skate board ramp would fit into the <br />Code. Mr. Swift replied that the City has made this a permitted use ut is classified as an <br />accessory structure which must meet certain stipulations. This is ad ressed as a conditional <br />use permit. <br /> <br />Commissioner McGuirk asked if Mr. Swift sees a need for Code m ification due to <br />recreational amenities. Mr. Swift commented that a number of proj ts with larger yards are <br />coming in which brings up the possibility of more issues. He noted at even swimming <br />pools and tennis courts can create noise problems, but people just ge erally accept those <br />amenities without thinking about them. <br /> <br />Chairman Hovingh reiterated Commissioner Finch's concern that ce <br />recreational equipment may break the viewshed for surrounding neig <br /> <br /> <br />Mr. Swift reminded the Commission they can initiate a Code change. <br /> <br />TIlE PUBLIC HEARING WAS OPENED <br /> <br />William Kuchulis, 3737 Nichole Avenue, stated he is the person requ sting the sports cage. <br />He said he understands from the Municipal Code, Section 18.84.140, that the height of a <br />structure shall be measured vertically from the average elevation of e natural grade of the <br />ground covered by the structure to the highest point of the structure. He understands that if <br />he limits the height of the sports cage to 10 feet that he is in compli ce and would not even <br />need to go to the Planning Department for any approval. He stated at he did this on April <br /> <br />Planning Commi..ion Minutu April 28, 1993 <br /> <br />Page 6 <br />