Planning Commission Agenda and Packet 2022 02 10

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Planning Commission Staff Report February 10. 2022 data or scaled aerial photos if surveys and complete permit records of certain properties cannot be located. Home additions, decks or outbuildings that did not obtain building permits or follow established ordinances at the time of installation or construction would not be considered in determining the summary standards. The ordinance would also allow the Zoning Administrator to consider Minor Impact Variances to adopted standards or summary standards under Louisville Municipal Code (LMC) Sec. 17.52.050.E.1., waiving criteria and notice requirements when requested in conjunction with a building permit to restore or rebuild a damaged or destroyed structure. This authority allows approval of up to 10% deviation to specified yard and bulk and other measurable zoning standards based on established criteria. Any determination of the Zoning Administrator made in the summary standards or Minor Impact Variances would be appealable to the Board of Adjustment. In addition, while the intent of the summary determinations is to capture the majority of inconsistencies and allow rebuilding back to original as -built character, a property owner will still have the option to apply for a variance to the Board of Adjustment if relief is not provided in the summary determinations. Following the Planning Commission review and recommendation to City Council at this meeting, staff intends to present the ordinance as an emergency ordinance to City Council on February 15, 2022. If approved, this would allow the ordinance to go into effect immediately, rather than having to go through first and second readings and a 30- day period following adoption before becoming effective. The ordinance is intended to facilitate and expedite rebuilding of damaged and destroyed homes in the burn area and remove unnecessary burdens or barriers to rebuilding. Property owners will need clarification on the applicable zoning and development standards in order to complete building plans and proceed with reconstruction in a timely manner. PUBLIC COMMENT: To date, no public comments have been received by staff. STAFF RECOMMENDATION: Staff recommends that the Planning Commission recommend to City Council approval of the ordinance as drafted. ATTACHMENT: 1. Ordinance XX, Series 2022, An Emergency Ordinance Addressing Zoning Regulations Affecting Structures Damaged or Destroyed by the Marshall Fire and Authorizing the Zoning Administrator to Reconcile Discrepancies and Facilitate Rebuilding 102