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construction and displayed the proposed new planting. As noted in the staff report, the <br />neighbors feel that the scope of the 2001 approval was greater than what they had <br />anticipated and that the two-story addition was too large, resulting in a loss of privacy. <br />Staff and the Zoning Administrator recognized those concerns; however, they were <br />already approved, effected, and vested by permit; those portions of the home were being <br />completed. The Zoning Administrator at that time, Janice Stern, Principal Planner, <br />wanted to ensure that there was some mechanism to add landscaping that could augment <br />the original approvals. Ms. Decker pointed out the second-story addition that was being <br />considered under the appeal; since the cease-and-desist order, work on that part of the <br />roof was stopped because it was not approved and permitted. <br /> <br />Chairperson Fox noted that one letter stated the construction had been going on for <br />15 years and inquired whether building permits went back 15 years. She further inquired <br />whether the applicant was no longer living at this residence during the construction. <br /> <br />Ms. Decker replied that the scope of the actual work included gutting the interior of the <br />home and that it was not currently livable in that state. The residents have temporarily <br />relocated until that work was completed, and they were performing only permitted work. <br />In addition, the Zoning Administrator requested that the applicants provide a timeline for <br />the completion of the work. Staff felt that the extension work left uncompleted had <br />constituted a nuisance. The Smiths provided a timeline estimating completion of the <br />work in six to eight months. The Zoning Administrator was concerned that the exterior <br />of the property needed to be finished and suggested several timing criteria for her <br />approval that would require completion of the exterior of the premises only within a <br />60-day period. Staff would present differing conditions than those presented by the <br />Zoning Administrator that were tied to building permit times. <br /> <br />In response to an inquiry by Commissioner O’Connor regarding the neighbors’ <br />statements that the work had gone on for 15 years, Ms. Soo replied that she had spoken <br />with the neighbors, who stated that interior work had begun before the exterior work. <br />According to the permit log, the permit history went back to as far as 2002; earlier <br />interior work may have begun that did not trigger building permit requirements. <br /> <br />In response to an inquiry by Commissioner O’Connor regarding the definition of <br />“continuing work diligently” if the work had been going on for six years, Ms. Decker <br />replied that definition was based on inspection records. According to State law and the <br />Building Code, an inspection of the premises must be done every six months for a <br />building permit, which was considered to be due diligence. <br /> <br />In response to an inquiry by Chairperson Fox regarding whether there were gaps in the <br />inspections, Ms. Decker replied that the record stated that inspections were performed in <br />a timely fashion and according to the Code. The current approvals and building permits <br />were in full force and have not expired. <br /> <br />Staff recommended that the Planning Commission uphold the decision of the Zoning <br />Administrator and deny the appeal, thereby approving the request for the design review <br />PLANNING COMMISSION MINUTES September 26, 2007 Page 6 of 20 <br /> <br /> <br />