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10.B. PUBLICDISCUSSIONITEMS IO.B.1. REQUEST TO SPEAK FROMEUGENE J. O'NEILL. ESO. FOR .%EFF & SUSAN WILBER REGARDINGAMENDING OFZONING ORDINANCE 917.04(2) Eugene J. O'Neill, Esquire, 979 Beachland Blvd., Gould Cooksey Fennell, PA, reported that his clients, Jeff &Susan Wilber, were cited for a code violation of Chapter 917.04(2) for using their garage (an accessory structure) to store personal/recreational items, even though there is no principal structure being utilized on the property. The principal structure associated with the property was destroyed by Hurricane Jeanne. Attorney O'Neill requested that the Board allow for the use of an accessory structure when the principal dwelling has been destroyed in a natural disaster, by amending Chapter 917 of the Land Development Regulations, Section 917.04(2), "No accessory structure shall be occupied or utilized unless theprincipal structure to which it is accessory is occupied or utilized." Director Keating explained that the code applies to structures such as garages, swimming pools, and boat docks, which must be used in support of the principal use/dwelling. He explained that since the Wilbers' principal residence no longer exists, staff made an interpretation that their garage may be used to store only equipment, such as a lawn tractor, related to (accessory to) maintenance of the property. Commissioner Davis sought and received confirmation from Director Keating that the code violation will be resolved if the Wilbers remove their personal/recreational items from the garage. He also remarked that he would like the code changed to accommodate individuals in catastrophic situations. Chairman Wheeler believed that the intent of the ordinance was to prevent an accessory structure, such as a swimming pool or boat dock, from being built prior to a residence. He agreed with Commissioner Davis that there are situations in which exceptions need to be made. 8ca aq So )M July 10, 2012 11