01/17/1996 (2) - Laserfiche WebLink

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specifically addressed the owner's enclosure of a carport into living space, the addition of an aluminum shed to that structure and framing for a further addition to the structure. This construction was all done in the setback and done without permit. Mr. Michael Sayar and his son Kevin explained to the Council the building that had taken place on their property. They referred to on site meetings with Linda Niles who was then Planning Director. The Sayars stated that during these meetings the Planning Director concurred with their use of the carport stucture. They further referred to a family emergency at the time which necessitated the revised use of the carport. They referred to correspondence to Town Hall confirming these conversations and did not feel responsible that the Town did not have these letters. In response to inquiries from Council they Sayars confirmed that no inspections had taken place by the Building Official and they did have three structures on their property. Mr. Brown, 401 S. Henry Street, San Jose, stated that he was a witness to the on site conversations during which Linda Niles stated the garage could be an enclosed structure. Casey believed there were mitigating measures and the Sayars should be allowed to apply for permits for work done on the property. She further questioned the definition of secondary dwellings and believed the Council should be consistent in application of this definition. Hubbard stated that this project never would have been approved as a closed structure especially since there was already a secondary dwelling on the property. Johnson thought there was a series of misunderstandings which could be corrected. MOTION SECONDED AND WITHDRAWN: Moved by Dauber, seconded by Hubbard and withdrawn to direct City Attorney to file a Notice of Code Violation with the County Recorder for Lands of Sayar at 25391 O'Keefe Lane. PASSED BY CONSENSUS: To continue this issue to the February 7, 1996 Council Meeting to allow Mr. Sayar the opportunity to present a written proposal to the Town for correction of code violations. Council discussed the situation and provided the following direction to the Sayars. Siegel, Casey and Johnson recommended that the Sayars assure Council that the structure under discussion was not being used as a secondary dwelling. Hubbard stated that a carport would be acceptable. Dauber commented that of the two present secondary units without permit the one at the front of the lot would be preferable and would have less impact. January 17, 1996 Regular City Council Meeting