16-3884 ExC PC Report & Exhibits

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Date Appeal Received: 11/07/16 Date Application Considered as Complete: 11/07/16 To: Chair Thiesse and Planning Commission Members Jessica Loftus, City Administrator From: Melanie Curtis, Planner mcc Date: 16 November 2016 Subject: Appeal Administrative Decision Jeff & Pia Schutt, 2750 Casco Point Road List of Exhibits Exhibit A. Appeal Application Exhibit B. Description Exhibit C. As-Built Survey Exhibit D. Letter: As-Built Review 10/25/16 Exhibit E. City Code Sections Exhibit F. Photos Background The applicants recently constructed a new residence at the property addressed 2750 Casco Point Road. The property is within the LR-1C zoning district requiring 10 foot side setbacks for principal structures. During the process of finaling out the permits, an as-built survey was submitted by the builder and reviewed by staff. Upon review it was evident that a pergola/arbor structure was constructed over a retaining wall very near the property line. A permit was not issued for this pergola/ arbor structure, nor was it shown on the original site plan. Applicable regulation Section 78-96 Board established Subsection (a) is hereby amended to read as follows: (a)A zoning board of appeals and adjustments is established. The planning commission is constituted as the board of appeals and adjustments. The board shall have the following powers: (1)To hear and decide appeals from any affected person where it is alleged that there is an error in any order, requirement, decision or determination made by an administrative officer in the enforcement of this chapter. (2)To hear requests for variances in accordance with this chapter. (3)To exercise other functions as provided in this chapter. The appeal process provides an opportunity for an applicant to present facts and prove that the city official erred in applying the ordinance to the issue in question. Council Exhibit C