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Zoning File #1507 <br />March 15, 1990 <br />Page 3 of 3 <br />If the original plans had noted the windows and had included <br />a third story flood plan, staff could have advised of that change <br />in interpretation. As a result, we are dealing with an after- <br />the-fact height variance application. It is my understanding <br />that the applicants' architect will be present to address the <br />Planning Commission concerning his position on this matter. <br />Options of Action - <br />If this application is denied, a condition of that denial <br />must be to remove the third floor windows not approved in the <br />original building permit application. <br />If approved, applicants should apply for an amended building <br />permit to cover the additional improvements. <br />Additional Conments and Planning Commission Recommendation - <br />April 6, 1990 <br />Three of the four members of the Planning Commission <br />recommended approval of the height variance as proposed by <br />applicant seeking a 3'6" variance to the allowed 30' height. The <br />single dissenting vote opined that applicant had not demonstrated <br />sufficient hardship. It was the member's opinion that no matter <br />what confussion may have resulted from the change in <br />interpretation of height by the City staff, that had the plans <br />reflected the third story at the time of the initiation of the <br />building permit process, staff would have been able to advise of <br />the need of the height variance. <br />In review of the minutes of the March 19th meeting, staff <br />would like to note that it is not just a question of the windows <br />suddenly appearing, but rather the question of the third story. <br />Staff has not addressed the building code concerns when the third <br />story was introduced because this matter has been resolved. Any <br />change or modification from an original plan always increases the <br />potential for problems. The introduction of a third floor called <br />for a reinterpretation of the allowed height. As applicant notes <br />the actual structure has not changed merely the addition of the <br />third story and its windows. <br />The approving resolution has been drafted for Council's <br />review and action.