ITEM TITLE:
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(EXCPT #16-01) Exception for an Existing House Encroachment into the Western Side Yard Setback by 2 Feet for Lot 9A, Block 7, Mineral Creek Subdivision. Applicant: Myrna Dahl.
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SUBMITTED BY: Keri Talbott, Planning Technician
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
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Approval.
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SUMMARY STATEMENT:
The City produced an application for Myrna Dahl for an Exception for an existing house encroachment into the Western side yard setback for two feet on Lot 9A, Block 7, Mineral Creek Subdivision. The property is located at 107 Eklutna St. Staff researched the building file for the property and there was a building permit dated 8/8/66. A Certificate of Completion for the home was dated 8/22/67. A new garage permit was dated 7/30/68. The plot plan was approved 5/26/67. An as-built of the property was done 8/3/07 and there was no mention of the house encroachment into the western side yard setback. Staff noticed the encroachment on 6/28/16 when the owner came into the office to pull a permit to construct a shed. The house is only encroaching into the side yard setback and not someone else's property.
Valdez Municipal Code Section 17.06.050(2) outlines the standards for an exception as follows:
a) There is adequate factual evidence to suggest that the building was erected in good faith and every intent of meeting the provisions of this title, and that the innocent error does not violate the spirit and intent of this title. When the building permit was pulled in 1967 to construct the house the setbacks were smaller than our current setbacks, so the encroachment became grandfathered in. The remaining paperwork in the building file does not speak about the encroachment, nor were the current owners aware of this situation when they purchased the home and the as-built that was prepared in 2007 shows the house being 8 feet from the side yard property line on the Western side.
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