RE: 'ice house'/accessory structure/hardcover issues

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REQUEST FOR COUNCIL ACTION Date: May 23, 2003 Item No.: �p Department Approval: Administrator Approval: Agenda Section: Zoning Name: Michael P. Gaffron � Title: Planning Director Item Description: #2636 Gary& Susan Cable, 3532 Ivy Place - Authorize Lis Pendens List of Exhibits A-Memo to City Attorney 3-31-03 B - City Attorney Letter to Applicants 4-4-03 C - Letter to Applicants 5-23-03 D -Resolution No. 4671 E- Current Hardcover Review Background Please review the attached memo to the City Attorney. Briefly,the Cables have failed to remove the `ice house' structure per the conditions of Resolution No. 4671 (adopted July 23, 2001) which denied a hardcover variance for the property. Further, they have since that resolution paved the driveway much wider than was approved with their Nov. 2000 building permit,creating hardcover far in excess of the 25% limit in the 75-250' zone. The Cables have been occupying the residence under a Temporary Certificate of Occupancy since April 4, 2001. Resolution 4671 required removal of the `ice house' by August 17, 2001, and required its removal prior to issuance of a final Certificate of Occupancy. No final C.O. has been issued. An inspection on May 22, 2003 by Bruce Vang and myself found that the site also contains sidewalks and retaining walls not authorized with the original building permits.Total hardcover as it exists today is approximately 800 s.f. over the 25% limit. The property was put up for sale this week. I have briefly discussed the issue today by phone with Gaxy Cable and advised him of Tuesday's meeting.I am meeting with Gary this afternoon(Friday). I have also briefly discussed the issues with the realtor, Bob Ritter, advising him of the need for disclosure of the outstanding violations. COUNCIL ACTION REQUESTED Motion to authorize the City to commence legal action to gain compliance, starting with filing of a lis pendens to notify all parties of pending legal action on the property.