Update: Odd deck decision reversed,,,,quietly

May 28 – Council reverses itself with few words spoken. Legal advice sought and given on the decision making process. The vote to reverse the decision 3 to 1 with one councilor withdrawing from the decision.  Another odd decision with very little comment from anyone.

May 14 – Based on a question from a reporter at the end of a long meeting of Oliver Council – the issue of a variance requested by builder Mark Pankratz – rejected in a 3 to 1 vote – will likely be brought back for reconsideration May 28th. No explanation was offered by the Town staff or council. Acting Mayor Dave Mattes pointed out that under the community charter a Mayor may ask council to reconsider a decision made earlier.

Previously – April 23

Mark Pankratz, Developer – underneath the home deck

The building inspector said ok – permit for the home issued. (6965 Mountainview Drive at Lakeside)

Home with Deck built but a variance needed – no stop work order every issued and the Town’s planner recommends the variance to members of council.

Council says no based on arguments presented by Councillor Dave Mattes.  “Build first – ask permission second too much of that going on in the home construction
sector”- he said.

Mattes also pointed out the width of projection from the wall and the length of a deck allowed in this case. He stated that 3 variances should have been asked for in this situation.

A variance for a setback was requested and those details very complicated.

Developer Mark Pankratz says the house had been planned in such a way but once footings needed to go in – a problem surfaced with the adjacent house so it was moved forward in the lot – affecting setbacks.

Ultimately – the situation came down to some confusion with Town staff.

Pankratz says he is not willing to give up and will do more research on exactly what is the difference between a balcony and a dec*k and how are the definitions being used to hinder the project. Based on the decision at council – most of the built deck will have to be taken down – shaped (much smaller) to conform with the Town bylaws that indicate set backs and the size of a deck projecting out from the building.

Council vote: To deny – Mattes, Schwartzenberger and Hovanes. To approve – Doerr. Absent Veintimilla

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