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#02-2753 Byrne 28 17 Casco Point Road January 24,2003 Planning Commission Recommendation Planning Commission reviewed the issues at a public hearing held on January 22. The neighboring property owners were notified. The adjaeent neighbor nearest the structure in question made comments in support of the applicant. Planning Commission reached the following conclusions: 1.Both applicant and the City bear some responsibility for the misunderstanding of what additions were intended and what roof expansions were actually being proposed during the 2002 review. 2.were 3. 4. The Planning Commission did believe that during the 2002 review process they »cic primarily approving additions to the existing residence, and that the existing residence would not change substantially. Planning Commission believes that the extent of removals now far exceeds what they expected to occur, and docs legitimately pose the question as to reconstruction into the side yard. The applicant ’s structural engineer has indicated verbally that the foundation below the remaining first floor requires renovation to continue to scr\'e the first and second floors if they are constructed/reconstructcd. To allow applicant some relief given the history of this application, Planning Commission recommends that within the 10' side yard, applicant should be allowed only to retain and/or replace structure within the envelope of the original house walls and roof. Therefore, the building plans will have to be revised to match (or not exceed) the original spaces that pre existed, and the 2nd story roof may not be raised or expanded beyond what previously existed. The vote on the above conclusions in the form of a motion was 6-1, with (Alternate) Cemmissioner Jule Hannaford in the minority, of the opinion that due to circumstances the applicant should be allowed to construct the expanded 2nd story as shown on the plans. The Planning Commission recommendation functionally results in the granting of a variance to allow construction within a side yard. Staff Recommendation Staff concurs with the Planning Commission recommendation. Staff will draft a resolution for adoption at your February 10 meeting documenting the setback variance and the approval conditions. COUNCIL ACTION REQUESTED Grant approval per the Planning Commission recommendation, direct staff to draft a resolution for adoption on February 10, and direct the applicant that he may proceed with construction under the parameters established by the Planning Commission recommendation, subject to submittal to the Building Official of revised plans for the affected portions of construction, for review and approval. h ^0