Madam Chair and members of the Committee and members of the Council who are here, I've 57 2/21/06 - RULES - BILL 051144, ETC. been doing, as some members of the Rules Committee particularly know, along with the Planning Commission and some neighborhood civic associations, remappings of certain areas in my district that have been experiencing a lot of what the community calls tear-downs. A house built in the 1950s or '40s, modest home on a fairly wide lot, and because the zoning is such that allows three or four three-story structures, very narrow, without any community input, people really feel their neighborhood is being degraded, and the one solution is to do a community remapping, a comprehensive remapping of the community, and trying to make each parcel have as large a lot as possible. In doing that, in order to do it in a way that is done with proper planning principles and constitutionally correct to offset any challenge by a developer, often times a person in a particular lot may not be exactly 58 2/21/06 - RULES - BILL 051144, ETC. conforming to the new dimensions of that lot, and that's called non-conforming. It happens quite a bit, actually. I live in a non-conforming structure myself, and many of my neighbors do. But I was not aware until recently that there was this Code provision that if more than two-thirds of the home -- I'm sorry. If more than two-thirds of the home were destroyed, that you would not be able to build where you were the same house that you were living in. You would have to go to the Zoning Board and ask for special permission. And that's exactly what this bill is, it deals with single-family structures, because that's the only structures we're making non-conforming in these remappings, single-family structures, to allow people clearly to go to L&I and get an over-the-counter permit to rebuild their house and not have them say, Oh, there's this provision in the Code that you're non-conforming and now 59 2/21/06 - RULES - BILL 051144, ETC. you have to start all over again and go to your neighbors and ask for permission and go to the civic association. The Planning Commission, the Commission itself, not only supported the bill and a very similar bill in, I believe, Councilwoman Miller's district but suggested they would support it City-wide. And I don't have the luxury of time because of how many of these are out there and the issue being such a burning issue. I wanted to get my district covered as quickly as possible with this, because it's predominantly as a result in my district of the remappings. But I would ask the Chair to ask the Planning Commission -- I think the Chair is, particularly Council President, is the one to do it, if they could present a bill to us in the near future that would cover City-wide and everybody be in the same position with their constituents if they get asked this question. 60 2/21/06 - RULES - BILL 051144, ETC. And I'd like to thank the Planning Commission and License and Inspection. License and Inspection, the whole team met on this a few weeks ago and signed off. They said it was fine. They have no problem enforcing it, and they would understand it and make sure everybody over there did. It's a very rare occurrence, but it's nice to be able to tell people that you don't have to worry. When you help your community by doing the remapping, you don't wind up being hurt possibly if there is a fire or something very catastrophic. Thank you.
Thank you. Are there any questions or comments? The Chair recognizes Councilwoman Miller.
Thank you, Madam President. 61 2/21/06 - RULES - BILL 051144, ETC. As Councilman O'Neill mentioned, there is a bill similar as it relates to the Eighth Council District. We are having and have run into some barriers when we have developers that are building in-fill housing where homes have pretty much been demolished or it fits in the other category, destroyed by fire or act of God. We just had a developer have a hard time getting a building permit and all kinds of things to rebuild and fill in some of those lots. So I just wanted to make clear what some of our issues are in the Eighth District.
Madam President, I know other members have asked to speak, but I do have an amendment to the bill that the Law Department gave me, and it basically just makes the bill clearer and clarifies the language. It doesn't change anything from the original bill.
The amendment has been circulated? 62 2/21/06 - RULES - BILL 051144, ETC.
I believe everyone has a copy of it. I'll ask that the bill be amended at the proper time.
Thank you, Madam President. So not having had the benefit of reading this, does the bill also then protect a new buyer or purchaser of that lot should the zoning be different?
If they happen to be in a non-conforming house, structure, and that can happen in a new home, they would be protected as well. All the single-family designations in my district are covered in here.
Okay. And would you say that another goal would be 63 2/21/06 - RULES - BILL 051144, ETC. to provide for maybe continuity and community anesthetic of housing?
Councilman O'Neill, I'm just rather curious, how about the insurance issue?
I have not gotten into that, but I don't think it's an issue.
Good. Because I know we had great problems with a storm, told it was an act of God, and there was a problem, believe me.
That is a separate issue, but we can't deal with it in this.
Okay. 64 2/21/06 - RULES - BILL 051144, ETC. I thought perhaps you have looked into it and knew the answer. Are there any other questions? (No response.)
We're only laughing because the Councilman said we always have FEMA. Are there any other questions from members of the Committee? (No response.)
Do we have anyone else to testify? Sir, I certainly want to thank you for coming in, presenting your testimony and for showing so much interest in your community.
Thank you. Do we have anyone else to testify on this bill? (No response.)
65 2/21/06 - RULES - BILL 051144, ETC. Seeing no one, this will conclude our public hearing. We will now go into our public meeting, and the Chair recognizes Councilman O'Neill.
Madam President, I'd like to offer an amendment to Bill No. 051144. It's been circulated among the Committee. (Duly seconded.)
It has been moved and seconded that the amendment as proposed be adopted. All in favor will say aye. (Aye.)
The ayes have it and the amendment is adopted. The Chair again recognizes Councilman O'Neill.
Madam President, I move that Bill No. 051144 as 66 2/21/06 - RULES - BILL 051144, ETC. amended be reported out of Committee with a favorable recommendation and also a recommendation that the rules of Council be suspended so as to allow first reading at our next session. (Duly seconded.)
It has been moved and seconded that Bill No. 10 051144 be reported out of Committee with a favorable recommendation as amended; further, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will please say aye. (Aye.)
The ayes have it and the motion carries. The Chair recognizes Councilman Clarke regarding Bill No. 051198.
Madam 67 2/21/06 - RULES - BILL 051144, ETC. President, I move that Bill 051198 be reported out of Committee with a favorable recommendation. (Duly seconded.)
It has been moved and seconded that Bill No. 12 051198 be reported out of Committee with a favorable recommendation. All in favor will say aye. (Aye.)
The ayes have it and the motion carries. The Chair again recognizes Councilman Clarke regarding Bill No. 23 051200.
Madam President, I move for the adoption of an 68 2/21/06 - RULES - BILL 051144, ETC. amendment to Bill No. 051200. (Duly seconded.)
It has been moved and seconded that the amendment as proposed be reported out with a favorable recommendation and adopted. All in favor will say aye. (Aye.)
All those in favor of the adoption of the amendment will say aye. (Aye.)
The ayes have it and the amendment is adopted. Again, the Chair recognizes Councilman Clarke.
Madam President, I move that Bill No. 051200 as amended be reported out of Committee with 69 2/21/06 - RULES - BILL 051144, ETC. a favorable recommendation and a request for a suspension of the rules as to allow reading at the next session of Council. (Duly seconded.)
It has been moved and seconded that Bill No. 8 051200 be reported out of Committee with a favorable recommendation as amended; further, that the rules of Council be suspended so as to permit first reading at our next session of Council. All in favor will say aye. (Aye.)
The ayes have it. The motion carries. This concludes the public meeting of the Rules Committee. I thank you all very much for your patience. (Committee on Rules adjourned at 11:15 a.m.) - - - 70 CERTIFICATE I HEREBY CERTIFY that the proceedings, evidence and objections are contained fully and accurately in the stenographic notes taken by me upon the foregoing matter on February 21, 2006, and that this is a true and correct transcript of same. ______________________________ MICHELE L. MURPHY RPR-Notary Public (The foregoing certification of this transcript does not apply to any reproduction of the same by any means, unless under the direct control and/or supervision of the certifying reporter.)