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Committee recommends license to allow 1.4-foot encroachment and paved area at 134 Crusty Street
Summary
The Real Estate Committee recommended issuing a license allowing owners to retain a building encroachment of about 1.4 feet in two places and an adjacent paved parking area at 134 Crusty Street, subject to conditions including no further expansion and compliance with code.
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John Famosi and Linda Famosi, owners of property at 134 Crusty Street, told the Real Estate Committee that a recent survey found a building and paved-area encroachment onto city right-of-way and requested a resolution to correct the matter.
John Famosi said the family bought the property in mid-2021 and did not obtain a survey before purchase. “From what we could tell, there was a remodeling done in 2014 ... the stairs and landings appear to have been done around the same time, but were not necessarily part of the authorized permitted construction,” a city speaker said, and noted the certificate of occupancy was issued with conditions that must be reconciled.
City staff and the applicants discussed the encroachment size (about 1.4 feet in a couple of spots and up to 3 feet elsewhere on the plan), whether stairs and landings meet code, and whether the paved parking area should be included in any license so the issue need not go before the zoning board. Staff recommended that a license explicitly prohibit any future expansion beyond the current footprint and that code-required alterations be addressed as part of the approval.
A committee member moved to allow the 1.4-foot building encroachment in two places and include the parking/paved area in the license agreement; the motion carried with committee members voicing their approval. The committee recorded no detailed roll-call vote in the provided transcript.
The action recorded was a recommendation to issue a license agreement that would permit existing encroachments to remain under specific conditions, and the city indicated it would require the property owners to resolve any code-compliance modifications separately.
