Laserfiche WebLink
<br />- <br /> <br />Vote was taken on the motion which carried, all Council <br />members present voting aye except Mr. Bradley abstaining on <br />HB 2614. <br /> <br />M. Assessment Panel Report--February 16, 1977 <br /> <br />Present: Council members Haws and Hamel, Zoning Administrator Gene Haxton <br />and City Attorney Stan Long <br /> <br />Written appeal from the Zoning Board of Appeals' decision of December 22, <br />1976 regarding density variance at 140 High Street was received from <br />Otto R. Poticha. <br /> <br />Mr. Haxton explained the chain of events leading to the appeal as follows: <br /> <br />1. Appeal to the Zoning Board of Appeals by developers; <br /> <br />2. Zoning Board of Appeals heard appeal on September 30, 1976 <br />and granted variances; <br /> <br />3. The action of the Zoning Board of Appeals was appealed to <br />the City Council by David Filer, representing East Skinner's <br />Butte Friends and Neighbors neighborhood group; <br /> <br />4. The Assessments Panel reviewed the action, upheld that action, <br />but questioned the findings of fact process; <br /> <br />e <br /> <br />5. Mr. Filer again appealed, and the Council referred the matter <br />back to the Zoning Board of Appeals with instructions to use <br />findings of fact process; <br /> <br />6. The Zoning Board of Appeals on December 22, 1976 reviewed their <br />action and denied the variance for additional density and <br />upheld the interpretation of the Building Official that indi- <br />vidual maximum lot coverage in regard to building and parking <br />must apply; <br /> <br />7. That action was appealed by Poticha, which brought the matter <br />to the Assessments Panel. Mr. Haxton stated that the appeal <br />had changed in that one issue regarding the fence setback <br />has been dropped due to the fact that the Zoning Code has been <br />amended in this regard. Mr. Haxton further stated that the <br />Panel is therefore to review the interpretation of allowed <br />lot coverages in RG zone districts and to consider the vari- <br />ance in maximum density in RG zone districts from 400 square <br />feet to 397.62 square feet per room count unit. <br /> <br />- <br /> <br />Mr. Haws questioned whether it was the interpretation of the Building <br />Official that the and/or provision had no effect. Mr. Haxton stated the <br />Building Official has determined that the individual maximums shall not <br />be exceeded. Mr. Haxton stated it was the recommendation of'the staff <br />that the variances not be granted. <br /> <br />113 <br /> <br />2/28/77 --37 <br />