City Council Minutes 2015 10 06 - Laserfiche WebLink

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City Council Meeting Minutes October 6, 2015 Page 9 of 26 advice of Counsel, but would be more comfortable with some absolute or reasonable landlord discretion in assignment or subletting of the property. City Attomey Light inquired if it was the use of the property that was of concem to Council member Lipton. If so the language can be reworked to address the proposed use of the property. Council member Lipton suggested if the tenant is proposing a substitute business consistent with their business, it would be acceptable with the City. With respect to assignment he recommended it be part of their corporate structure. VOTE: All were in favor. ORDINANCE No. 1702, SERIES 2015 — AN ORDINANCE AMENDING SECTION 17.08.205 OF THE LOUISVILLE MUNICIPAL CODE TO CLARIFY THE DEFINITION OF GRADE — 2 "d Reading — Public Hearing Mayor Muckle requested a City Attorney introduction. City Attorney Light introduced Ordinance No. 1702, Series 2015. Mayor Muckle opened the public hearing and requested a staff presentation. Planner II Robinson explained height is measured from average grade at foundation to the highest point on the roof. This allows fill to be added to raise the foundation if a building is too tall. Two options are available: Option 1: Measure height from "Natural grade" and Option 2: Measure grade level away from foundation. Option 1 - Measure height from "natural grade ". This option requires the surveyor to establish grade before work begins. It still requires measuring height at framing, but ensures height can't be increased by adding fill. There may be difficulties if grade has been previously altered. Option 2 - Measure grade level away from foundation. This option only requires measuring height at framing. There is no concern about previous changes in grade. There could be questions about whether fill has been added and could be gamed by raising the grade of entire site. Staff proposed amending Section 17.08.205 in the LMC to read: "If fill is added to raise the surface elevation at the structure by more than one foot, then grade is determined from the finished site grade level a minimum distance of ten feet from the structure wall, or from the property line if the property line is closer than ten feet to the structure wall." Staff recommended the City Council approve Ordinance No. 1702, Series 2015; amending section 17.08.205 of the Louisville Municipal Code to clarify the definition of grade.