11-12-80 Council Minutes - Laserfiche WebLink

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MINUTES City Council November 12, 1980 Sharon Timmons stated that the Planning Commission has also recommended that the variance not be granted. Mayor lianson stated that some of the reasons the Planning Commission had for their recommendations are the impact on the remaining lots in the area, the curb cut needed, and the size of the variance. Mayor Hanson stated that the plans the City has on file for Mr. Ryan's home show no indication of a garage. Councilman Fahey stated that he disagreed with the way Mr. Ryan's attorney has interpreted the City's ordinance. Fahey stated that a variance cannot be granted if the conditions are primarily economical. The applicant must prove that a genuine hardship exists. P1r. Johnson stated that the soil conditions of the property would warrant a variance. Mr. Johnson stated that the Council must use reasonable discretion. Johnson also stated that there are similar variances granted in the area and the homeowners do not object. Mr. Fahey commented that this is not good grounds as houses are sold and new people are residing in neighborhoods that have not been allowed the opportunity to voice their opinions on variances. Mr. Ryan stated that he spoke with both the Building Inspector and the City Clerk about the construction of a garage at the time the house's building permit was taken out. It was brought up several times, and at no time was it mentioned that the house was in the wrong location. Mr. Ryan stated that the house could have been built in a different location. Mr. Ryan stated that the Building Inspector has informed him that the Council has changed and they are now sticking to variances. Councilman DeBace stated that the Council can only go by the plan it has on file. Mr. Ryan stated that there are people on North Carla Lane that are only 15 feet from the road. Councilman DeBace commented that the City's ordinances have changed over the years, and this could be the reason for this. The City Clerk stated that he does not recall any discussions about the garage with Mr. Ryan until the subject of the variance came up. Mrs. Ryan stated that when they brought their house plans to the Building Inspector he pointed out that there was no garage on the plan. Flt that time the Ryan's told him where the garage would be. Mr. Nadeau introduced the following resolution and moved its adoption: RESOLUTION N0. 80-71-424 - CLOSING THE PUBLIC HEARING ON THE VARIANCE REQUEST OF MR. DENNIS RYAN OF 811 CARLFl LANE The foregoing resolution was duly seconded by Mr. Fahey. {dyes (5) Nadeau, Fahey, Scalze, DeBace, Hanson. Nayes (0). Resolution declared adopted. This resolution appears in Resolution Book No. 6, Page 275. Page -10-