ITEM TITLE:
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(EXCEPT #16-01) Approval of Exception for Encroachment of Two Feet by an Existing House into the Western Side Yard Setback on Lot 9A, Block 7, Mineral Creek Subdivision. Applicant: Myrna Dahl.
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SUBMITTED BY: Lisa Von Bargen, Director
FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A
RECOMMENDATION:
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(EXCEPT #16-01) Approve Exception for Encroachment of Two Feet by an Existing House into the Western Side Yard Setback on Lot 9A, Block 7, Mineral Creek Subdivision.
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SUMMARY STATEMENT:
The Commission held a public hearing on this item on July 27, 2016. One member of the public spoke in favor of the exception being granted. The remaining portion of this agenda statement remains unchanged from July 27th. The Findings & Conclusions for this item are attached.
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 buildin...
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