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additions and project timelines, the code enforcement process, and follow-up of conditions. He <br />asked the City to enforce its rules, requested the structure be removed immediately, negotiate <br />an amicable agreement between all parties involve and he believed allowing the project will set <br />a precedent. <br />Robert Leete, appellant, requested the Council approve the appeal of the Planning <br />Commission's action, reconsider and overturn the previous administrative actions, and to <br />enforce the agreement and 2001 permit. He said the property has been under continuous <br />construction for over 15 years, said the applicant promised the project would be finished in six <br />months which was 6 years ago, the illegal and non-permitted portions of the construction and <br />failure to abide by the 2001 permit exacerbates the intolerable situation, he did not feel <br />landscaping would provide necessary screening for some time, and he discussed his eroded <br />quality of life. He said the work done to date adds about 70% to what currently exists in the <br />neighborhood and makes the house approximately 3,600 square feet, the home now obstructs <br />much of his light which once existed and he believes the applicant knowingly avoided the <br />process. He asked the Council to 1) abate and remove the non-permitted structures from the <br />building; 2) ask the applicant to follow the process in the future; 3) add a condition that there be <br />no more permits on the property until the 2001 permit is completed; and 4) ask staff to enforce <br />the 2001 conditions, particularly with respect to the landscape screening. <br />Frank Morgan, appellant, said decisions by the Planning Commission focus only on Mr. Smith's <br />efforts and expense in remodeling his home, they made a decision not based on the neighbor's <br />grievances or established codes but the reluctance to subject Mr. Smith to additional time and <br />expense or hardship that were brought on by himself. He said totally ignored was the expense <br />and hardship caused to neighbors, said construction begun 15 years ago, the City has issued <br />permits year after year without progress reports, the owner failed to follow the Municipal Code, <br />property values are now diminished, he has been deprived of significant sunlight once enjoyed, <br />planners discount his family's safety, the Smith's have been gone for over one year from the <br />residence, thieves have tried to break into the home on several occasions, the wishes of one <br />individual should not override the rights of others, rodents and pests live in the vacant house, <br />and Mr. Smith intends to continue to build further. He asked the Council to require removal of all <br />non-permitted structures and force him to comply with the current plans on file in a timely <br />manner. <br />Scott Smith, applicant, said they have tried to establish dialogue with neighbors hoping they can <br />reach agreement, he realizes he is unable to please neighbors and has sought counsel with the <br />City on how to proceed. Efforts to complete the project have been hindered by limitations placed <br />on him through the appeal process, they have completed as much of the integrated portions of <br />the project, they proceeded with the project in the approved areas to maintain mandated <br />building inspection requirements, they would like to finish the house and move on, said he has <br />submitted a timeline for completion and his contractor, engineer and a local appraiser are <br />present to answer questions. <br />Councilmember Cook-Kallio confirmed with Mr. Smith the pictures submitted were taken one <br />week ago. <br />Councilmember McGovern referred to the Planning Commission minutes and said that when <br />asked by Commissioner Blank whether or not he knew that the two additions installed did not <br />have permits, (he) indicated he knew they did not have permits. <br />Mr. Smith agreed and said they wanted to build the structures for some time and discussed it <br />with neighbors and City staff. The Morgan's indicated they wanted the project completed, they <br />met and indicated to him that there were plans drawn up, and Mr. Morgan asked to give them <br />six months, which was late August. They moved out of their house, tore out their kitchen and <br />City Council Minutes 5 March 4, 2008 <br />