10-08-2003 Council Minutes - Laserfiche WebLink

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MINUTES CITY COUNCIL OCTOBER 8, 2003 and informed the Council that he will not tear it down. Cossack suggested that another option he has for connecting his house and the recreation building would be to construct a covered passageway between the two structures. However, the Building Official will not allow him to do this. The City Administrator indicated that the Building Official's position was that the connection would have to conform to building code requirements and no plans have been submitted to evaluate this possibility. Fahey noted that Mr. Cossack did not apply for a building permit for the recreation building prior to construction. Cossack indicated that the City would not let him apply for a building permit until he got approval of variances for the recreation building. Fahey noted that Ivlr. Cossack made a serious mistake iu constructing this building without a building permit. Fahey also noted that once construction started, City staff told Mr. Cossack to stop construction, however, he ignored this direction and continued with construction. Fahey pointed out the options available as outlined in the City Administrator's letter to Mr. Cossack dated September 25, 2003. Cossack noted that he applied for variances for the recreation building and apologized for not attending the Council's September 24'x' meeting at which the variance requests were considered. Blesener indicated that the fact that Mr. Cossack was not in attendance did not impact the Council's decision to deny the variance requests. The fact is there are no hardships present to warrant granting of these variances. Cossack felt the hardship was that his property abuts athree-story apartment building and that building is in a deteriorating condition. Cossack felt that what he is trying to do with his property would insulate it from the condition of the adjacent property. Cossack felt that he was entitled to the same privacy in his back yard that everyone else has. Cossack noted that the fence he has constructed on his property is higher on the back of his lot to prevent people from the apartment building from jumping over the fence and trespassing on his property. Fahey noted that there a~~e strict standards governing the granting of variances, and these standards have not been met. Fahey also noted that the City has to be consistent in the treatment of property owners within the City. Fahey stated that it is clear that Mr. Cossack was informed by City staff over a long period of time that the building was being constructed illegally. Mr. Cossack chose to ignore staff's direction and now is faced with the options as outlined in the September 25°i letter.