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County to consolidate the election with the State primary election on June 3, and establish <br />dates for arguments/rebuttal arguments in favor of and in opposition to the referendum <br />14. Public Hearing: PAP-110, Dennis Long, Appellant (PADR-1698, Scott Smith, Applicant) <br />to consider an appeal of the Planning Commission's denial of an appeal of the Zoning <br />Administrator's approval of an application for administrative design review to construct <br />an approximately 64-square-foot first-floor addition to the left side and an approximately <br />273-square-foot second-floor addition to the right side of the existing residence located <br />at 3496 Whitehall Court. Zoning for the property is R-1-6,500 (Single-Family Residential) <br />District <br />Director of Planning and Community Development Iserson gave the staff report, said extensions <br />to the building permits were approved and valid; however, the construction period of the 357 <br />square foot additions was not part of the original approval and was without permits. The City <br />issued a Stop Work notice on that portion of the work and since that time the applicant had <br />submitted a Design Review application. The application was approved by the Zoning <br />Administrator after three hearings and was appealed to the Planning Commission where it was <br />approved and now appealed to the Council by the appellants, who live immediately adjacent to <br />the property. The appellants oppose the amount of time the project has taken to complete, its <br />size, scale and a variety of privacy issues. <br />Mr. Iserson said the additions meet the zoning ordinance requirements, setbacks, FAR, the lot <br />can support a larger addition and it is compatible with the existing home and neighborhood in <br />terms of material, color and style. He said the balcony is not part of the appeal as it had been <br />previously approved. Trees have also recently been installed along the rear property line to <br />satisfy conditions from the 2001 approval to screen the addition from the neighbors. He further <br />discussed privacy issues relating to windows, said the City does not condone the timeframe of <br />project construction and has added special conditions to the application where permits would <br />lapse within 60 days versus aone-year timeframe and no design review approval or permits <br />may be extended beyond that timeframe. If it were to lapse, the applicants would need to file a <br />new application for the addition and if not met, the City would initiate nuisance abatement under <br />the City's property maintenance ordinance. <br />He reported building permit plans have been submitted to the City and if approved, they would <br />expedite plan check and permitting processing. Staff recommends the City Council deny the <br />appeal and approve the project as submitted, subject to conditions. <br />Councilmember Thorne questioned whether there are penalties for not applying for permits and <br />Mr. Iserson said there were remedies that involve citations; however, in the past, the City has <br />encouraged completion of the project. <br />Councilmember McGovern confirmed there has been some level of continuous construction <br />since 2002, that approximately 1,400 square feet has been added to the original home and she <br />suggested the City lower green building requirements for the current 2,000 square foot <br />remodels. <br />Mayor Hosterman opened the public hearing. <br />Dennis Long, appellant, requested the Council reconsider the decisions made by the previous <br />administrative hearings of the non-permitted addition, emphasized frustration and dismay over <br />noise, dust and the several years of construction, said the owner is aware of regulations, <br />discussed a similar situation in 2003 at 3573 Kings Canyon Court, questioned whether Mr. <br />Smith had been working on more than one project at a time, voiced concerns with the <br />methodology and communication of the building, planning and zoning departments' handling of <br />City Council Minutes 4 March 4, 2008 <br />