06/23/2009 (2) - Laserfiche WebLink

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To advance the discussion, Commissioner Solari asked the Board to consider combining PSAC's Recommendations 1 and 2 (see pages 176 and 177), where permanent exceptions from an LDR standard could be granted (with a deviation not to exceed 10%), and an alternative design or improvement could be proposed that would provide a "functionally equivalent" result. He also wondered whether the maximum deviation allowed in PSAC's Recommendation 1 could be increased from 10% to 20%. Vice Chairman Flescher noted that most of the compliance issues have involved landscaping, which he felt should be staff's focus. He wanted to have the PSAC and staff identify the problem LDR's and develop proposed amendments to resolve those problems, and was opposed to not taking action, as presented as Alternative 1 in staff's memorandum. Commissioner Wheeler felt that Recommendation 2, developing a permanent exception ordinance, would be a slippery slope leading to lower overall standards. Commissioner O'Bryan opined that granting the permanent exemptions would unilaterally lower the LDR standards, and felt the Board should maintain consistency with the policy that was established. He recalled a decision made last year, when four Commissioners voted to not grant an exception to the rules and regulations for Ocean Concrete. Commissioner O'Bryan supported staff's Recommendation No. 1, observing that a bad LDR should be changed permanently, and not every time someone appeals to the Board. Commissioner Solari wanted to know if the idea of having a "functional equivalent" could be built into the LDR's. He observed that there would be no lowering of standards -- the business owner could use a little creativity to do something which is a better match for the site and neighborhood. 24 June 23, 2009