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• MINUTES PLANNING COMMISSION APRIL 4, 1988 PAGE 2 • • Upon a vote being taken on the variance request, the following voted in favor thereof: Black, Duncan, Nestingen, Finegan, Daykin, Gritten, Carroll and Barry, and the following voted against the same: None. Motion carried unanimously. Faith Ohman, 1802 Simpson, requested a variance to construct an addition less than 30 feet from the side lot abutting the street .(Garden Avenue). Mike Collins, an architect, explained the placement of the home on the lot, explained the construction and advised that when the home was built in 1939 it was built before the existing ordinance. Discussion ensued regarding the increase in the non-conformity requires a variance. Carroll moved that the non-conformity is not increased and, therefore, a variance is not required. Motion died for lack of a second. Finegan then moved, seconded by Grinner, that the variance be granted for the following reasons: (1) request is in general conformance with the requirements of section 9-15.03, subdivision 4, (2) does not decrease the setback which currently exists, (3) the non-conformity is very small, (4) plans are consistent with community and other requirements,- (5) the lot is sub-standard (size being 61.3 feet in width) and the 30 foot setback would be an unreasonable burden on the property owner and (6) the construction will be consistent with the balance of the property. Motion carried unanimously. Daykin. requested Councilmember Wallin obtain information on increasing the non- conformity--when is it increased? Such information to be obtained from the City Attorney to be used as guidance when other variances of this nature are requested. Discussion ensued on the amendment-prepared by Attorney Gedde to the zoning code. Barry moved, seconded by Nestingen., to adopt the wording as prepared to Chapter Nine of the Zoning-Code. Upon a vote being taken, the following voted in favor thereof: Grinner, Nestingen, Barry and Duncan, and the following voted against the same: Carroll, Daykin, Finegan and Black. Motion failed. Carroll then moved to amend the zoning code by adding liquor stores and pool halls ADDING in B-2 zones as conditional uses and adopt the language in Sections 1 thru three LIQUOR in the proposed amendment to the Zoning Code, Chapter 9, as prepared by Attorney STORES/ Gedde. Motion died for lack of a second. POOL HALLS TO Daykin moved, seconded by Nestingen, to amend the zoning code by adding liquor CODE stores and pool halls in B-2 zones as conditional uses and adopt the language in APPROVED Sections 1 thru three in the proposed amendment to the Zoning Code, Chapter 9, as prepared by Attorney Gedde with the addition of the following language in section 3: 100 feet from .residential property, and deleting the word "public" in Section 2 (c). Upon a vote being taken,-the following voted in favor thereof: Black, Duncan, Nestingen, Finegan, Daykin and Barry, and the following voted against the same: Grinner and Carroll. Motion carried.