HomeMy WebLinkAbout3 - Rooftop Canopy StatusJuly 18, 2012
STAFF REPORT
To: Honorable Chairwoman and Members of the Planning Commission
From: Greg Hastings — Interim Community Development Director
Subject: ROOFTOP CANOPY STATUS — 234 4T" ST.
SUMMARY OF REQUEST
During the "Oral Communications" portion of the June 20, 2012 Planning Commission
meeting, two community residents complained that a canopy structure has been erected
on the roof deck at 234 4t" Street in violation of the 25 -foot height limit for residences in
Old Town. The Commission asked for the matter to appear on the July 18, 2012
agenda for purposes of discussion.
DISCUSSION
At issue is a 468 square foot, 8 -foot high canopy structure composed of a steel pipe
frame that is attached to the patio deck and railing by seven vertical steel support posts.
A series of horizontal rafters connects the top of the support posts, and a retractable
canvas shade cover extends horizontally from the rafters and rolls down the south and
west sides of the structure.
The deck of the roof patio is approximately 21 feet high and is surrounded by an
approximately 4 -foot high wood safety railing, for an overall approximate building height
of 25 feet. The top of the 8 -foot high canopy structure is therefore approximately 29 feet
from the ground. Pursuant to Measure Z, which was adopted by the voters in 2008, the
maximum structural height for this RHD -20 zoned property is 25 feet.
The canopy structure was constructed in late 2011 by a contractor hired by the property
owners, Jim and Donna Hardesty, who live on the property. The contractor did not
obtain a building permit prior to construction.
On January 4, 2012, the City issued a courtesy notice to the property owners,
requesting removal of an "illegal structure that exceeds the main building envelope
maximum height of 25 feet."
Staff and the property owners subsequently discussed the possibility of reconfiguring
the canopy structure to allow its horizontal frame to be lowered to a height of
approximately 26 feet when not in use. The horizontal rafters would then rest, on the.
wood railings with the 7 vertical posts still extended to their entire 8 feet. Staff
determined, however that this would still be problematic because there are no standards
for how often or for how long the canopy would remain at its full height and because the
overall height with the vertical posts would continue to clearly exceed the 25 -foot height
limit.
On May 7, 2012, staff sent the property owners a letter requiring removal of the canopy
structure within thirty days. During that time, staff was able to inspect the property and
confirm that the canopy structure is indeed physically attached to the residential
structure. Thus, it constitutes a "structure" for purposes of both the Building Code and
the Zoning Code.
The property owners subsequently proposed to detach the canopy structure from the
building so that it would become a freestanding structure, simply resting on metal plates
upon the roof deck. Staff's preliminary response was that detaching the canopy
structure from the building would technically remove it from the legal definition of a
"structure' and eliminate the need for a building permit. Staff later became concerned,
however, that allowing a canopy structure of such size and permanency would still
contravene the intent of the voters who passed Measure Z. Staff was also concerned
about the safety implications of allowing such a large detached structure on a rooftop
deck. Staff therefore recommended to the property owners at that time that they not
make any alterations to the canopy structure since the entire structure may need to be
removed.
At the July 9, 2012 City `Council meeting, Mr. Hardesty spoke during oral
communications regarding his concern about having to remove the structure. That
same night, the City Council directed the Planning Commission to develop criteria for
determining what features and items should be allowed on rooftop patios throughout the
City in general. This item will appear on a future Planning Co_ mmission agenda,
unrelated to the current matter at 234 4th Street.
The matter of the canopy structure at 234 4th Street is currently being handled at the
staff level as a possible code enforcement matter and there is no need for the Planning
Commission to take any action at this time. The City Attorney has sent a letter to the
property owners informing them of the need to remove the structure from the roof or
reconfigure it to comply with the 25 -foot height limit. Staff and the City Attorney will
continue to work with the property owner to obtain voluntary compliance. Should that
fail, the City may initiate code enforcement proceedings, including the possibility of
scheduling a public hearing before the City Council to determine whether the canopy
structure in its current configuration constitutes a public nuisance.
Greg Hast'ngs
Interim Community Development Director