Planning Commission Minutes 2022 02 10

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Planning Commission Meeting Minutes February 10, 2022 Page 6 of 13 solar access, our code does not have anything dictating roof design outside of Old Town or that that stops shading on other properties. Lastly, the question regarding smoke damage, staff will be issuing summary standards for the neighborhoods. If there are issues that would stop or slow down rebuilding, hopefully we will address that, even if they have to tear down partly or all of their house. The ordinance says the fire map can change in case we need to re-classify properties, we have the freedom to do so. Discussion by Commissioners: Diehl says given the circumstances the City is in, this is a solution to fast track the rebuild process for residents. He trusts the Planning Department in this decision. He is cautious that this may need a more rigorous appeal process though. Overall, he is in favor of this. Howe says he likes the idea of allowing citizens to add their house to the fire map. He wonders how if it is important to allow citizens to add themselves the fire map if they have gone through significant damage. He likes that this process will allow the rebuild process to be expedited. Krantz says that from her understanding, the summary standards may not apply for all neighborhoods but that the option of applying for the Minor Impact Variance is still an option for them. Do I understand this correctly? Howe says that Planning Commission could create a condition that not only applies to structures that have structural damage but also includes damage that is not structural but is also still very severe. Brauneis recommends that the commissioners defer to staff and the City's legal counsel on how the City has defined what damaged means and what that entails in regards to this emergency ordinance. Diehl mentions that a summary standard would apply to the entire neighborhood and if a homeowner wanted to go outside that new standard, they would be able to get that modification fast tracked. Hoefner asks staff that if a neighborhood does not have a summary standard, would you be able to still get the administrative 10%? Zuccaro says that in reality if somebody came to us and said they were tearing down a portion or all of their house and rebuilding because of fire damage, that is pretty easy to document. I believe in that scenario we would apply to ordinance to them. Hoefner says he thinks this is a good idea and helps folks to start rebuilding. Moline agrees with the other commissioner. He appreciates that our City has the ability to be flexible and is in support of this. Osterman says she is in support of this motion. The intent is to provide homeowners to build back in an expedited fashion and this process would allow that to happen. Brauneis agrees with Commissioner of Osterman. Krantz mentions that she still questions whether this emergency ordinance should apply to those purchasing fire affected lots and if the Minor Impact Variance could apply to those who have lost their homes. Brauneis refers back to staff's comment that enforceability would be difficult and that those who did not own the property at the time of fire would have different regulations than those who did. Diehl says that if a resident lost their home and wants to sell their lot, that is a benefit still associated to the lot. Brauneis asks if Commission Howe can refresh the commissioners' memory on the condition to the ordinance.