| Mr. Breuckman explained the packet contained a memo from staff and a letter |
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| from the City Attorney dated April 25, 2012. The City did not complete a new |
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| survey based on the City Attorney's letter. The City does not attempt to |
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| intervene or dissolve boundary disputes between property owners as these are |
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| considered private civil matters. Last month, there was no demonstrated |
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| dispute over the staked location that was, and is, in the field. There was no |
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| dispute about the accuracy of the current survey. Staff also went back and |
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| looked at historic aerial photographs for the site, all of which are included in the |
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| packet, ranging from 1963 to 2011. These photographs show the progression of |
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| accessory structures on the site. There have been structures at or near the |
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| current location of the current garage since 1963. They grew progressively |
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| larger over time. Between 2002 and 2005, the new garage was built. The 1993 |
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| survey is really immaterial in this case. Staff finds that the garage is a new |
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| structure and therefore it has no non-conforming protection as being a lawful |
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| non-conforming building. The 1993 survey has no bearing on the current case; |
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| the 2012 survey and the location of the garage are the only material |
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| considerations. As requested by the Board at the last meeting, a chronology is |
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| included in the packet showing the progression of the City responding to a |
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| complaint in 2004 through the permit process including the submission of an |
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| application showing a 7-1/2 foot setback from the property line, through the |
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| inspections up until January of 2012 when this case came forward. The Building |
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| Department has inspected the site as requested last month. The previously |
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| identified issues have been corrected, but the Building Department can't issue a |
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| final decision until this case is decided because if the variance is granted there |
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| are improvements that have to be made to the garage to bring it up to code. If |
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| the variance is denied, the garage will have to be moved. So, the City can't |
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| finalize the inspections and the permit until there is resolution of this case. |
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| Regarding the overhang encroachment, Mr. Hollis went to the site and did verify |
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| that the building does have 20-inch overhangs; the building is 12 inches from |
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| the staked property line, so the overhangs do encroach eight inches over the |
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| property line. This encroachment has to be rectified regardless of the ZBA's |
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| decision. Mr. Breuckman clarified that simply removing the overhang |
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| encroachment would not be enough because of building code requirements that |
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| come into play when a garage is less than three feet from a property line. |
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