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, , � � � <br /> I <br /> 1 <br /> � <br /> - ; <br /> � <br /> Murphy commented he is unsure how anyone could have anticipated where the final grade would <br /> come out and that he is not sure where the responsib'ility lies for that. Murphy sta.ted there is no <br /> way that this house could have been built at the elevation proposed without some type of <br /> retaining wall between the two properties. Murphy stated the house is sitting at least four feet <br /> below where it should be in comparison to the neighbor. <br /> �I <br /> Hessburg stated they followed the approved grading plan and that they had to start from existing <br /> � grade,which created a problem with the driveway. Hessburg stated he does not know why the <br /> City's ordinances require that they start with existing�igrade. <br /> i <br /> i <br /> Murphy stated he does not know how this house could have been constructed four feet lower than <br /> the neighbor's. i <br /> � <br /> Hessburg stated even if the house were constructed four feet higher,they would have the same <br /> � problem on the other side. I <br /> Gaffron inquired whether the house had to be placed at a certain elevation in order for the lower <br /> level to be considered as a basement rather than a sto�ry. <br /> Curtis stated it is not a matter of Staff telling the builder at what elevation his house has to be at <br /> but a matter of the builder wanting to construct the hoi se to a certain height to meet City Code. <br /> i <br /> Gaffron stated Staff does analyze every plan thoroughly to ensure that a sufficient amount of the <br /> basement is below grade to constitute a basement rather than a story. Gaffron stated the City has <br /> seen a number of plans where houses are artificially p�ut into the ground in order to achieve <br /> another story. . - � <br /> White mquired whether the stairway and landings as built would be in compliance with today's <br /> regulations. I� <br /> i <br /> Curtis stated the City would have required that the landing not exceed four by four. <br /> _ � <br /> White stated in his opinion this application should go lack to the Planning Commission for their <br /> recommendation since it has been changed from what'was approved. <br /> Murphy concurred that this application should go back�to the Planning Commission. Murphy <br /> noted that the minutes reflect a discussion regarding impervious pavers and hardcover and that <br /> the applicant should have been aware of that issue. ; <br /> , <br /> . { . <br /> Hessburg stated the house has been on the market since November and that he does have . <br /> somebody who is interested in purchasing the property and wants to close on the properiy on <br /> August 15`�'. Hessburg inquired whether he could obtain an occupancy permit for the new owner <br /> to move in. ' <br /> � <br /> City Attorney Mattick stated the issue here relates to drainage and that he does not believe the <br /> City has held up issuing a certificate of occupancy because of drainage issues. Mattick stated the <br /> new owner should be apprised of the situation. i <br /> � <br /> I <br /> Hessburg stated the interested buyer is an attorney and that he is aware of the situation. Hessburg <br /> stated he is unsure what should be done with the boulder wall and that if the wall is removed and <br /> � <br /> 1 <br /> � <br /> ; <br /> � 3 <br /> i <br /> , <br />