File #: 17-0448    Version: 1
Type: New Business Status: Passed
File created: 9/6/2017 In control: Planning and Zoning Commission
On agenda: 9/13/2017 Final action: 9/13/2017
Title: Approval of Exception (#17-01) for a One Foot Three Inch (1'3") Encroachment into the Required Twenty (20) Foot Front Yard Setback for a Single-Family Residence Located at 355 Nebesna Street, Lot 15, Block 6, North Portion Mineral Creek Subdivision. Applicant: Brad Barnett
Attachments: 1. Barnett Application Exception, 2. Barnett site plan, 3. Barnett AS-Built, 4. Findings and Conclusions Barnett, 5. Barnett 300ft map, 6. Signed Aff of PON mailing, 7. Public Notice Barnett Excpt
ITEM TITLE:
title
Approval of Exception (#17-01) for a One Foot Three Inch (1'3") Encroachment into the Required Twenty (20) Foot Front Yard Setback for a Single-Family Residence Located at 355 Nebesna Street, Lot 15, Block 6, North Portion Mineral Creek Subdivision. Applicant: Brad Barnett

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SUBMITTED BY: Rochelle Rollenhagen, Senior Planner

FISCAL NOTES:
Expenditure Required: N/A
Unencumbered Balance: N/A
Funding Source: N/A

RECOMMENDATION:

Approve Exception (#17-01) for a one foot three inch (1'3") encroachment into the required twenty (20) foot front yard setback for a single-family residence located at 355 Nebesna Street, Lot 15, Block 6, North Portion Mineral Creek Subdivision, submitted by Brad Barnett.
SUMMARY STATEMENT:
On August 23, 2017 the Community Development Department received an exception application from Brad Barnett for a one foot three inch (1'3") encroachment into the required twenty (20) foot front yard setback for a single-family residence located at 355 Nebesna Street, Lot 15, Block 6, North Portion Mineral Creek Subdivision.

On May 17, 2017 Brad Barnett applied for a building permit for a new single-family residence located at 355 Nebesna Street. A building permit was issued on June 22, 2017. With his usual surveyor retired, Mr. Barnett did his own measurements and was quite sure he was within the setbacks, he submitted a site plan that showed he met all setback requirements. Upon completion of the structure he acquired an as-built survey that revealed the encroachment, which now necessitates a one foot 3 inch (1'3") exception/encroachment into the required twenty (20 foot) front yard setback.
A detailed findings and conclusions statement has been attached for your review.

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,...

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