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REQUEST FOR COUNCIL ACTION
Date: Au�ust 8, 1997
Item No.: �'
Department Approval: ^ Administrator Approval: Agenda Section:
Name: Michael P.Gaffron
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Title: Senior Planning Coordinator '
Item Description: #2282 Valerie Petersen, 1125 North Arm Drive - Lot Area/Width Variance-
Procedural Variance
List of Ezhibits: Exhibit A-Memo from Bruce Vang, Field Inspector
Exhibit B -Variance Application Submitted 8/6/97
Exhibit C - Survey
Exhibit D -Area Plat Map
Please review the attached memo from Bruce Vang. This house was 100%destroyed by a fue. The
Inspections staff conectly concluded that a new house to replace the destroyed house would have
to meet all hardcover and setback requirements. The existing house was only 6'from the north lot
line where 10' is required.
The builder proceeded to design a house to meet all requirements and made application for a
building pernut this week. The survey he submitted with the pemut application showed that the lot
does not meet the minimum area and width standards of the LR-1B district, although it is similaz in
azea and width to other lots in the neighborhood. Unfortunately,this was not identified as an issue
during the City's early discussions with the builder and homeowner. As Bruce's memo notes,the .
house could have been rebuilt in its same substandazd location if it had been only 75%destroyed.
On behalf of the owner,the builder is requesting that the City issue a building permit prior to the
normal variance process, primarily based on the time that will be lost waiting for the variance
process to conclude. A variance application has been submitted and applicant fully intends to go
through the required process, but under the normal schedule this would be scheduled for the .
September 15 Planning Commission meeting and final approval could not be granted by Council
until September 22, hence the builder would lose 6 weeks.
The property owner's insurance company is paying for housing only through December, hence loss
of 6 weeks will create a hazdship for the owner.
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#2282
August 8, 1997
Page 2
Council Options
Option 1. The Council by unanimous action may waive reference to the Planning Commission.
The City could publish notice in time for a public hearing at the August 25 Council
meeting,at which time formal variance approval could be granted. This is an option
that meets Code requirements and does not set a negative precedent. This will save
applicant about 4 weeks.
Option 2. If Council were to direct staff to issue a building pernut immediately and direct that
the applicant proceed through the normal variance process'after-the-fact',this would
save applicant 5-1/2 weeks,but in the opinion of staff and the City Attorney,is not
supported by the Code and sets a negative precedent that should be avoided.
Staff Recommendation
Staff recommends Option . f
Council Action Requested
Unanimously agree to waive reference of Application#2282 to Planning Commission based on the
hazdship situation caused due to the home destroyed by fire, and direct staff to set a public hearing
for the lot area and width variances at the August 25 council meeting.
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