CCMIN100395 - Laserfiche WebLink

Mr. Pico commented that a house with a similar structure is for sale on the same street. If the owner comes in when the home is selling, would the City give them a building permit after the fact? Would they ask for a variance or tear it down. Ms. Acosta stated it depends on the circumstances. If the City finds they did not take out a building permit when it otherwise was required, it would require them to take steps to meet the building code and to pay the extra fees. Ms. Michelotti commented that she went by the home and felt it looked very attractive. Fireproofing should be a condition, but she asked if more room could be made to accommodate the trailer. A three foot side yard setback is the law. There are other noted exceptions in the neighborhood, but that doesn't make it right. She was having difficulty making the required findings. Mayor Tarver said he could not make the findings. The staff report shows there is nothing special about the lot and it would be granting a special privilege. He felt the Code is there for a good reason. He commented that Mr. Sewell knew he needed a building permit but did not know he needed a variance. If he had gotten the permit, the Building Department would have advised him that the structure could not be built as designed. He is troubled with these unpermitted structures and felt that eventually they will come back to Council with neighbors complaining about building codes that have not been observed. Ms. Mohr asked if the support posts were moved three feet back, what would the setback be for the roof line. Mr. Swift replied the building code allows an overhang to encroach into the three foot setback. The zoning ordinance does not specify how much of an encroachment is allowed. The building code does address it and allows encroachment up to one third of the three foot setback. Ms. Mohr commented if it were possible to set the posts back three feet (which precludes the trailer fitting into the space), the roof line would almost be the same as it is now. She could accept the variance on the three feet to the fence if the posts were steel as opposed to redwood. If special privileges are looked at based on the people in the neighborhood with similar structures, then this is not a special privilege. She would like the Code changed to keep the neighbors in the City from being in violation and subject to the whim of an unhappy neighbor. Ms. Michelotti asked if this action comes out a tie vote, what will happen? Mr. Roush replied it will be continued to the next meeting when a full Council is present. Mr. Swift asked what conditions she would like attached to a motion to approve the variance. 10/03/95 -7-