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City Council <br />Meeting Minutes <br />February 15, 2022 <br />Page 4 of 13 <br />impacted neighborhoods staff found some gaps, omissions, or contradictions in the <br />zoning regulations between what is required and what was actually built. This the <br />ordinance would set a process for those neighborhoods that would allow the Zoning <br />Administrator to issue a summary of standards that is reflective of the existing standards <br />and is clear. It would also to provide determinations to clarify or fill in the gaps in the code <br />to allow homeowners to complete a design process more quickly. <br />The Planning Commission recommended approval with conditions at the February 10 <br />meeting. Those conditions are: clarification on the definition of a damaged structure and a <br />sunset provision for the ordinance. Staff recommends approval as drafted. <br />Councilmember Fahey asked if City regulations or HOA covenants would take <br />precedence. Director Zuccaro stated the City only enforces City ordinances; everyone is <br />required to follow zoning regulations. HOA covenants are a private contract and the City <br />does not weigh in on those. <br />Councilmember Fahey stated there has been a lot of discussion about fences as fire <br />hazards and asked if this ordinance speaks to this issue. Director Zuccaro said that the <br />ordinance doesn't speak to this issue. If council wanted to address fences that are more <br />resilient it would need to be done with a separate ordinance. <br />Councilmember Brown asked if specific residences would be addressed through the <br />summary standards process or the minor variance process or both. Director Zuccaro, <br />answered that clarifying standards would be for the neighborhood as a whole. Anyone <br />could also request a minor impact variance. That is a separate process and would be <br />granted on a case by case basis and may require Board of Adjustment approval. <br />Councilmember Brown stated he has spoken to residents whose homes were built too <br />close to the property line according to the zoning code. He asked if it was a guarantee <br />that they would be able to rebuild on the existing footprint. Director Zuccaro stated this <br />process will address almost all issues, but there may be some outliers. Anyone can apply <br />to the Board of Adjustment for a variance. If there was a character set through the <br />neighborhood, owners would be able to build back as a neighborhood to that standard. If <br />there wasn't a neighborhood character, the owner would need to go through the variance <br />process. Staff hopes this process will address about 99% of the issues. <br />Councilmember Brown asked if the developer made a mistake on one home would the <br />owner need to go through the full variance process. Director Zuccaro answered that <br />Planning wouldn't want owners to build back if there were mistakes or things were built <br />without a permit. If several homes in the neighborhood were built to a different set back, <br />there was evidence of intent that these homes were built this way; that could be <br />addressed through the summary process. <br />Councilmember Leh stated some homeowners don't have active HOAs. He asked about <br />enforcing character within neighborhoods, and what kind of standards will be used in the <br />