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HomeMy WebLinkAboutMCC Pool Remodel_Exhibit C_Insubstantial Amendment_PDExhibit C: Insubstantial Amendment to a Planned Development Approval Review Criteria 26.445.110. Amendments. Amendments to an approved Project Review or to an approved Detailed Review shall be reviewed according to the standards and procedures outline below. Amendments to Planned Unit Development and Specially Planned Area approvals (pre- Ordinance 36, 2013, approvals) shall also proceed according to the standards and procedures outline below and the Community Development Director shall determine the type of procedure most-applicable to the requested amendment. A. Insubstantial Amendments. An insubstantial amendment to an approved Project Review or an approved Detailed Review may be authorized by the Community Development Director. An insubstantial amendment shall meet the following criteria: 1. The request does not change the use or character of the development. Staff Finding: The proposed alteration to the Pool Area remodel does not change the use or character of the development, staff finds this criterion to be met. 2. The request is consistent with the conditions and representations in the project's original approval, or otherwise represents an insubstantial change. Staff Finding: The proposed changes are minor in nature, are requested in an effort to further refine the approved development and meet the intent of the original development application. Staff finds this criterion to be met. 3. The request does not require granting a variation from the project's allowed use(s) and does not request an increase in the allowed height or floor area. Staff Finding: It appears that the work will be adding deck area to the Floor Area Calculations for this project. The applicant will be required to show that they have the available Floor Area to accommodate this request. If they do have allowable deck area then this project will not affect the floor area for the property. If the can show that they have the allowable deck area then consequently none of the changes will affect height, floor area, or allowed uses. Staff finds this criterion to be conditionally met. 4. Any proposed changes to the approved dimensional requirements are limited to a technical nature, respond to a design parameter that could not have been foreseen during the Project Review approval, are within dimensional tolerances stated in the Project Review, or otherwise represents an insubstantial change. Staff Finding: The proposed changes represent an insubstantial change and respond to a design parameter that was not foreseen during the initial review. Staff finds this criterion to be met. 5. An applicant may not apply for Detailed Review if an amendment is pending Staff Finding: Not applicable.