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HomeMy Public PortalAboutAB 10-172 Administrative Determination - Non-Conforming Structures - SetbacksMcCALL CITY COUNCIL AGENDA BILL Number Meeting Date AB 10-172 August 12, 2010 216 East Park Street McCall, Idaho 83638 AGENDA ITEM INFORMATION SUBJECT: Administrative Determination: Non -Conforming Structures (setbacks) Department Approvals Initials Originator or Supporter Mayor 1 Council City Manager Clerk Treasurer Community Development Police department l Public Works Golf Course COST IMPACT: Parks and Recreation FUNDING SOURCE: Airport Library TIMELINE: Information Systems Grant Coordinator SUMMARY STATEMENT: Administrative Determinations are created by staff to further clarify existing code language and fairly. These are prepared for internal purposes and also posted Determination, begun in 2009, addressing non -conforming clarify the existing code, and to clarify those situations not explicitly those situations under which non -conforming structures can be repaired, as the extent of allowable construction in those situations. The Determination because they do not meet the relevant setback requirements. to the existing code language. The City Attorney has reviewed made to address the concerns raised by the Council at the July 8, 2010 how staff has been implementing the code consistently in the past 4.5 past interpretation that are not the same as the proposed Determination. liberal in terms of allowed reconstruction. The current Determination to 2005.) From approximately 2005 to date, the application of this countless hours trying to clarify how the code applies in different rewrite of this section, staff believes the current code sufficient in the 2005-current practice of the Community Development staff. to ensure the code is on the website for the structures. The intent addressed in the maintained, or implemented consistently public to use. Staff has finalized an Administrative of the Determination is to current code. It focuses on otherwise modified, as well to structures that are non -conforming does not propose any changes the Administrative Determination. is specific The Determination this current version of meeting. This minor years. Prior to 2005 the is a departure from code section has been scenarios. While the interim. The attached Modifications have been modification also represents There have been periods of interpretation was the more past interpretations (prior consistent. Staff has spent Council suggested a code Determination explains the RECOMMENDED ACTION: Endorse the Non -Conforming Structures Administrative Determination. RECORD OF COUNCIL ACTION MEETING DATE ACTION July 8, 2010 Council made some suggested changes and directed staff to bring back to Council