AgdaPkt 2021.03.22 Joint SA PFA - Laserfiche WebLink

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applies rather than 33.11?" So he adds 4 square feet to the structure Does that sound right? Clearly not. So council tells him that he is just trying to skirt the rules and denies. But he points to this decision and asks how much do I have to add before 33.10 takes over 33.11? How about 10 square feet? No? How about 20? What is the number. There has to be a number, it cannot be arbitrary. The answer is that there is no number because 33.11 clearly states that its provisions are "not withstanding" those of 33.10. The reason there is no number is because 33.10 ALWAYS applies. You cannot use 33.10 as a means to circumvent 33.11. The above hypothetical is one way to explain why 33.11 must apply always. If it does not apply always then it's easy to circumvent it completely so that it never applies. An important nonconforming note (33.11 and FARs): We have an established and balanced 45% FAR (house to lot coverage). We have a few nonconforming lots under 3,000 SF (literally half -lots). Any expansion and the FAR ratio will appear excessive and out of whack adding more undesirable nonconformity. Most cities would not allow additional building on any lot under 3.500 SF minimum. Certainly, second stories should not be allowed on half -lots. That goes for the larger lots as well. Stop pushing for 60%+ FARs. Garage floor areas DO count towards the 45% FAR. Otherwise, we'll see homeowners trying to build 3 car garages then later convert them into family rooms to bypass laws! Honestly, can you be so naive? Sincerely, K. Saucier Original ordinances: Non -Compliant Plans: Art 33.10 Enlargement A. A nonconforming structure being used for a nonconforming use shall not be enlarged or altered unless a Use Permit is granted for such changes and the new portion conforms to the regulations of the district in which it is located and if the permitted lot coverage is not exceeded by the combined structure(s) on the site. To grant such a Use Permit, the Zoning Administrator must first find, in addition to the findings required by Section 42.3, that at least one of the following three circumstances exist: 1.The resultant use and/or project design will reduce current adverse impacts on adjacent properties and/or on the general public; 2.The resultant use and/or project design will help preserve a historic resource; or 3.The expansion of the use or the enlargement of a structure housing a nonconforming use is necessary to comply with a requirement imposed by law for the operation of the particular use, including but not limited to regulations for disabled access or seismic retrofit. B. A nonconforming structure being used for a conforming use may be enlarged or structurally altered if the new portion conforms to the regulations of the district in which it is located and if the permitted lot coverage is not exceeded by the combined structure(s) on the site. Non -Compliant Plans: Art 33.11A Alterations