2017-10-30 Hearing Transcript - Amendments to PC Rule 9 (Joint Meeting)

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part of a larger development. Prior to Act 153, the, this definition that did not include development for a single-family dwelling, was, did not include that floor area of seventy-five [sic], seven thousand five hundred square feet. So, any development, any single-family dwelling no matter how large would be exempt. Okay, the State law or Act 153 changed that to put a threshold. This language is being added or proposed for Rule 9-4(2)(A) which is the definitions. Prior to this amendment, as mentioned, all single-family dwellings no matter how large were considered exempt and would not require an SMA permit. The proposed amendments to Planning Commission rule resulting from changes made to Act 153 continued, also this amendment places a floor area restriction, as we mentioned, less than 7,500 square feet. The amendment is silent regarding the definition of floor area, and so the Planning Department has provided the Commission a clarifying definition to Rule 9-4(2)(A) which is as follows. Floor area shall be the total area of all floors of a building associated with the single-family residence, including a basement and accessory structures measured along the exterior walls of such buildings. The floor area of a building or buildings, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the floor or roofor, I'm sorry—the roof or floor above. If I could interject right here, I wanted to mention that as we're going through the slides, rather than wait till the end of the presentation and then have to go on back, if there are questions, if it might be a good time to pose those questions while we have the language up on the board at that time. Okay, does Kona have a wireless mic that they could use? Again, one of those— KAY: Yes, Jeff, we do. DARROW: Okay. HENKEL: Commissioner Clarkson on this side and then we'll go to Kona. CLARKSON: Does the definition of floor area conform to the Building Department's definition of floor area for structures in applications for building permits? DARROW: I'm, I was trying to get the answer to that question. Unfortunately, I was not able to get that. This, this definition was proposed by a previous division that was working on the SMA. As Maija had mentioned within her letter, the SMA Minor and exemption responsibilities has [sic] recently transferred to the Planning Division. And, so this was something that is new to us. Unfortunately, the people that I needed to speak with were not present this, prior to this hearing, that I could get a response. We can look at that, but this has been, we have been using this definition and applying it accordingly over the past several years, because we have been operating under the State law, and we, it's, it's been proven correct as we've been assessing our applications. CARR SMITH: Jeff? EXHIBIT A 22