Mr. Ternan commented that the question of architectural review is really a |
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legal question that could be explored much further. He recalled a statement |
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in the version adopted by the Planning Commission which said that any |
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significant building plans that the Building Department took note of would |
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be referred to the Planning Commission and any site plans would also be |
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reviewed in respect to architectural design. He mentioned to Ms. Goodwin |
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before it was adopted that he had a problem with this if it was to have any |
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"teeth" in it and to be a basis of denial of permits and then also in respect |
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to pulling something out of the normal Building Department procedure. As |
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he understood it, the Planning Commission went ahead and adopted it with |
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some understanding that he would talk further with Ms. Goodwin about it, |
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which is why he is before the Planning Commission this evening. |
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He said the question of architectural review and architectural standards, of |
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whether or not it may have legal enforcement, is a question that deserves |
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some research on its own. If it's legal, then it should be in the form of an |
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ordinance and not guidelines from the Planning Commission. If that's what |
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the Planning Commission intends and if they believe that it should be left |
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the way it is, then he believes they should propose a resolution to the City |
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Council and request them to resolve whether or not they want, from a legal |
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standpoint, to do this, and then if they do, to adopt an ordinance and give |
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the Planning Commission instruction as to how it should be approved. In |
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lieu of that, he said that he would be content if the Planning Commission |
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modified what they adopted so that it's clear that it's a guideline and it only |
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applies to site plans that normally come before them. However, an |
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applicant for a building permit that doesn't require a site plan, such as a |
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single family home, has a right to a building permit if the person meets the |
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standards of the Building Code. What the Planning Commission has done, |
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by their guidelines, is instruct the Building Department to jerk out anything |
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that requires a building permit for which there's not a site plan and send it to |
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the Planning Commission for their review, and if they're not considering a |
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site plan for it, he has fears that it may not just be a review utilizing |
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guidelines. The Planning Commission will have to approve it even if the |
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application doesn't meet the guidelines. |
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