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REGULAR MEETING AUGUST 22, 2011 <br /> <br /> <br /> <br />Mr. Byoni stated that he believes they need to go through the variance procedure, but he <br />is not sure. He stated that it would be a normal part of building, when you build you need <br />to meet certain standards anyway, this would be extra standards. He stated that he <br />doesn’t think that is an owner standard. He stated that he thinks it would be very difficult <br />to say well in this circumstance you don’t have to meet it and this one you have to go <br />through the variance; he doesn’t think that would be legal or a way to do things. <br /> <br />Council Attorney Kathleen Cekanski-Farrand asked Mr. Bulot, Building Commissioner, <br />to address this question, because he gets this kind of question on a daily basis. <br /> <br />Mr. Bulot stated that we are dealing with a couple of issues here. The concern about the <br />handicapped accessibility ramps for new construction. When push comes to shove it is <br />going to come down to him as to his interpretation in terms of design and review. <br />Because that is what this is, a design review district that is now part of the ordinance. So <br />he would have some form of discretion. If someone comes in with a beautiful ramp <br />design for their front porch and it is not too ornate and it keeps somewhat in the style of <br />the neighborhood and what the other requirements are, he is going to use his own <br />discretion and allow it, it is only common sense, he is not going to stand in the way of <br />someone coming into the neighborhood who has disabilities. The other issue that was <br />brought up was it goes to a legal non-conforming, there is a section in the zoning <br />ordinance, unfortunately he did not have a copy in front of him, but there is a section that <br />deals with damage or destruction and it relates to a fifty percent threshold, so it you <br />damage more than 50% of your home, or if you home is damaged more than 50% <br />through storm, fire, flood, whatever, they are again required to bring that building up to <br />the current standard. They would lose their non-conforming status, so this brings us back <br />to the relationship of the overlay district design district and what kind of influence that <br />has on the underlying zoning district. In the overlay district it indicates that will trump <br />the underlying district, but once again, common sense has to be used in this, if something <br />is, or an existing homes is destroyed and has to be rebuilt, he thinks in that instance the <br />home, the structure would have to conform to the underlying zoning, but the actual <br />design would be grandfathered. <br /> <br />Councilmember Oliver Davis stated that with all due respect, if something would happen <br />to Mr. Byorni and there would be someone else making that decision, is that something <br />that there could be room for debate. The issue that he is trying to share here and what <br />was presented, is there something that could be put into writing that could strengthen that <br />common sense so that it could be practical in written sense and so that it is not just based <br />on somebody’s interpretation of that. <br /> <br />Mr. Bulot stated that it could be done and it could say something like that it must comply <br />with ADA standards. <br /> <br />Council Attorney Kathleen Cekanski-Farrand stated that under the variance provisions <br />Section 21-09.03 its specifically provides that any strict application of the terms of the <br />ordinance which would result in practical difficulties in use of the property is a warrant <br />for a variance. So, again that is a safety net that is already built into the current <br />ordinance. She stated that Mr. Bulot did quote it correctly and this is in addition to. <br /> <br />Councilmember Varner stated that with regard to the ramp whether it is a new house or it <br />is a existing house that has damage done to it or if you had to make something in the <br />form of a ramp now for this house, if there is enough discretion involved in one way <br />shape or form a ramp is going to appear or see that a ramp is provided or access is <br />provided or a variance is given what is left in the air is the rules by which that ramp must <br />be constructed. That is still subject to interpretation. <br /> <br />Mr. Bulot stated that the ramp would be constructed to the ADA guidelines which are <br />very specific. <br /> <br /> <br /> <br /> <br /> 10 <br /> <br />