Agenda - Planning Commission - 04/01/2004

Home

.. Z.B. February, 25, 2004 -- Page 5 After several complaints, Anchorage's Building Safety Division concluded Dykstra was using his property as an illegal storage .yard. The division sent Dykstra an order directing him to discontinue storing his cars on the property. Dykstra appealed to the zoning board. However, the zoning board affirmed the division's decision. Dykstra sued, and the court'ruled in the division's favor. Dykstra appealed again, arguing his hobby of collecting cars was a per- missible accessory use of his property. DECISION: Affirmed. Dykstra's car collection was not an accessory use of his property because of its large size. Other jurisdictions uniformly gave "accessory use" a fairly narrow mean- ing. An accessory use was one occasioned by or dependent upon the residen- tial use. Even customarily acceptable uses, such as common hobbies, had limits. For example, keeping pets was a permissible accessory use, and maintaining a racing pigeon coop was a permissible form of that use. However, such uses could not impair the residential nature of the neighborhood. Keeping cars as a hobby was a valid accessory use as long as it was not of such a nature or pursued to such an extent that it impaired the neighborhood. Since two- and three- car families were commonplace, parking one or two additional cars at a residence was appropriate, whereas parking 20 was not. Citation: Dykstra v. Municipality of AJ, chorage, Supreme Court of Alaska, Nos. S-10512 & 5766 (2004). see also: Henry v. Board of Appeals, 641 N.E. 2d 1334 (1994). see also: Colts Run Civic Association v. Colts Neck Township Zoning Board of Adjustment, 717 A.2d 456 (t998). First Amendment -- City council member speaks on neighbor's behalf Under local law, council members cannot give orders to city staff CALIFORNIA (01/20/04) -- Levy spent $11,000 to build a large elevated backyard playhouse for his four-year-old son. A city building inspector told Levy a neighbor had complained. He in- formed Levy he had to remodel the playhouse to meet city building standards and relocate it at least 5 feet from the rear lot line. Levy spent $2,000 to modify the structure to comply with city specifications. The completed structure was i3 feet high. It was located near a tree and sup- ported by wooden posts that extended 7 feet from the ground. A city inspector checked it and told Levy it was in full compliance 'with city regulations. However, the neighbor then complained to her city council representative. In response, her representative sent an email on her behalf to the cityls director of planning and community development, asldng the director to take another look at the playhouse. 89