Agenda - Planning Commission - 11/07/2002

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P14 Associate Planner Wald stated the Northfork Architectural Review Board faxed, a letter to staff today stating they are not willing to approve Mr. Shappelts request to construct a 34x50 accessory structure, however they would be willing to approve a 34x30 structure. If Mr. ShappeI1 constructed a 34x30 structure he would meet City Code requirements and would not need a conditional use permit. Staff is recommending the Planning Commission deny the conditional use permit request due to the fact that the North_fork Architectural Review Board denied Mr. Shappells request and therefore the applicant will not be permitted to construct a 34x50 accessory structure. Mr. Shappell, 9325 164th Lane, stated he had talked to the Architectural Review Board and they are in a~m'eement that he can build the structure, 34x30 rather than 34x50. He stated he wanted to get on the next City Council agenda because the Architectural Review Board was not reviewing correct information related to the height of the structure. Chairperson Nixt asked staff to update him on the issue. He stated the issue is should they grant a square footage overage. He stated 'at this point he is not inclined to permit this when there is an. issue with the Architectural Review Board. Chairperson Nixt asked if they have granted anything like this. Associate Planner Wald stated there has been one other case where a large overage was granted. Chairperson Nixt stated that he does not feel there are enough facts to justify granting this. He stated he would be more sympathetic if the neighbors were not objecting to this through the Review Committee in his subdivision, so they could table this until it could be worked out or they could deny this and the applicant could appeal to the City Council. Mr. Shappell stated he does have a letter from the surrounding neighbors stating they do not approve this one hundred percent but would not come to the meeting and object. Chairperson Nixt stated he does have the ability to put up a fairly large accessory structure. Mr. Shappell stated it does not make sense to build this and have the fifth wheel sit outside of a smaller building. Commissioner Kociscak stated he was asking too much and the last time Mr. Shappell was there, his closest neighbor did not want this built and this holds more weight. Motion by Chairperson Nixt, seconded by Commissioner Kociscak, to recommend that City Council adopt findings of fact deleting findings, twelve, thirteen, and eighteen, taking out "hazardous or" in finding number sixteen, finding fourteen should be "will not", the variable in findings fifteen, sixteen, seventeen, and nineteen should be "will" relating to David and Sandra Shappell's request for a conditional use permit to exceed the accessory building size restriction. Planning Commission/October 10, 2002 Page 2 of 20 I i I I I I I I I I I !