City Council Study Session Summary 2013 07 09

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City Council Study Session Summary July 09,2013 Page 2 of 6 In 2012, they heard 3 variances. Thus far in 2013, there have been 7 variance requests. Decisions can be appealed to the District court. At the beginning of each BOA variance hearing, the Chairman of the Board is required to read a script outlining the procedures of the hearing. The BOA has expressed that the script is very lengthy. They are working with the City Attorney to shorten the script but ensure the BOA has done their part correctly in the event an issue goes to the District Court Shortening the script will improve the flow of the meetings. The Mayor asked is any decisions have gone to the District Court. Commissioner Stewart replied not in at least 8 years. There has been an issue regarding the residential estate zone district and the maximum allowed lot coverage. Due to what staff sees as an error in the zoning code, many residents have had to get variances to the lot coverage standard. All of these people have been charged to go through this variance process. Staff would like to consider waiving or reducing the variance fee until the problem is solved. Waiving the fee retroactively was discussed. Councilmember Jasiak I asked that we be judicial. —Troy Russ said the solution to the zoning problem must consider the neighborhood plans and the character of the neighborhoods; is the solution compatible with the neighborhood. Determining the right solution for each individual neighborhood will take some time, and staff doesn't see a one size fits all solution as appropriate. Staff foresees more variances in the future until the problem is addressed and requested waivers or reductions of variances fees be considered until a solution is reached. Update/Discussion — Building Code Board of Appeals Ken Swanson, Chief Building Official introduced members of the Building Code Board of Appeals (BCBOA). The BCBOA is a five member quasi-judicial board that hears and decides requests for variances from the City's Building Code. There has been one appeal in the past 12 years. The 2013 work goals are: • Adopt and enforce the 2012 International Building Code, evaluate the Residential Fire Sprinkler requirement and the Energy Code mandates • International Green Construction Code—evaluate advantages and disadvantages of adopting this code • Update and provide to Council recommendations regarding the Mobile Home Ordinance • Provide Public Outreach including public education on: o Basement finishes o Decks o Carports o General construction practices for small business