PC 09/09/1998 - Laserfiche WebLink

Iserson stated that staff s recommendation is to deny the appeal and approve Case V-98-07/Z-98-162 as approved by the Zoning Administrator, subject to the conditions listed in Exhibit B. The Zoning - Administrator had approved afive-foot side yazd setback where seven feet is required by Code; however, the applicant is requesting athree-foot setback for the addition. Discussion ensued relating to allowable setbacks and current setbacks for the property. PUBLIC HEARING WAS OPENED Rod Kerr, applicant, expressed appreciation to the City staff for their help and in approval of current setbacks. He requested that the Commission relax the letter of the law relating to setbacks on this property. Mr. Kerr provided an extensive overview of the property and provided photographs to the Commission. Further, he stated that a five foot setback for the garage and a three foot setback for the workshop would be acceptable to him, but not desirable. He stated that there aze many properties in this neighborhood which contain open and enclosed structures that violate the law and that there have been no complaints about existing structures. He noted that due to the heavy landscaping on the property, the impact of a three- or five-foot setback would be minimal. Mr. Kerr continued that three findings must be satisfied for allowing less setbacks including special circumstances, special privilege, and health and safety and welfare of neighbors. He noted that adjacent neighbors have submitted letters of support for project. Mr. Kerr infonned the Commission the reason for the appeal being submitted is for a woodworking shop _ that would accommodate the vazious tools he uses and that would allow him to operate his shop with maximum convenience, and that a workshop of this type has been a goal of his for his retirement. He concluded by requesting that the Planning Commission approve the recommendation due to his mitigating any ill effects ofnon-compliance with rules. Discussion ensued relating to the roofing material that will be used and the noise that will be generated from workshop. Dennis Spielvogel, 5658 Paseo Navarro, spoke in favor of application being granted. Further, he stated his desire for the Kerrs to stay in the neighborhood and the appeal being approved. PUBLIC HEARING WAS CLOSED Commissioner Cooper stated he wished he could approve the appeal; however, due to concerns expressed relating to setting of a precedent of a three-foot setback and staff s attempted compromise on setbacks, he regretfully stated he will vote in favor of staffs recommendation to deny the application and support the variance as approved by the Zoning Administrator. Commissioner Sullivan expressed his concurrence with Commissioner Cooper's comments and expressed concern with approving athree-foot setback. PLANNING COMMISSION MINUTES Page 8 September 9, 1998