03-27-2002 Council Minutes - Laserfiche WebLink

Home Browse Search

MINUTES CITY COUNCIL MARCH 27, 2002 Anderson clarified that Kingstad's position was that the City could not deny the CUP or impose any conditions other than those related to public health, safety, and welfare. Kingstad replied that only in extreme conditions could the Council deny a CUP for reasons other than public health, safety, and welfare. Anderson pointed out that Kingstad's interpretation allows the City no discretion. Anderson stated that it is his understanding that the Council has no discretion for garages under the 1,000 square feet, but beyond that size the ordinance gives the City Council discretion beyond public health, safety, and welfare. Kingstad disagreed and pointed out that garages up to 1,500 square feet are allowed and the only conditions that can be imposed on garage sizes ranging from 1,000 square feet to 1,500 square feet relate to public health, safety, and welfare. Kingstad felt that the basis of the City Planner's recommendation was pulled from thin air. The City Planner noted that Section 921 of the ordinance outlines the basis for the Council's consideration of CUP applications and does address the issues of proportion and scale. The City Attorney agreed. Kingstad felt that the reference to proportion and scale were technical building requirements and that the ordinance's reference to these was so generalized that it did not arnount to a standard. Scalze noted staff s study of CUP's on Greenbrier Street and Edgerton Street as well as any approved over the last three-year period. Scalze pointed out that of the properties listed, the Mentes' have the smallest lot proportionally to the size garage they are proposing. Kingstad questioned staffs report and the criteria used for putting together that report. Kingstad stated that he has not studied the ratios of garage size to lot size, but noted that the garage proposed by the Mentes does not exceed 25% of their back yard area. Fahey pointed out that he and Council Member Scalze were on the Council when this ordinance was enacted. He noted that it is his recollection that the intent of this ordinance was to address exactly what is being addressed this evening. 1n drafting the ordinance, the Council was willing to look at larger garages on larger lots, however, the Council wanted to ensure that these garages were not out of proportion with the neighborhood. Fahey again reported that he drove through the Greenbrier neighborhood, and he would shutter to think what that neighborhood would look like if every house had a second garage similar to what the Mentes' are proposing. 4