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MINUTES <br />City Council <br />October• 28, 1987 <br />Foyt Side The for•egoing resolution was duly seconded by Mr•. Blesener•. <br />Yar~d Ayes (5) Fahey, Blesener•, Scalze, Collova, LaValle. <br />Setback Nays (0). <br />Var~iance Resolution declar•ed adopted. <br />(Cont.) This r•esolution appear•s in Resolution Book No. 18, Page 546. <br />Mr•. Fahey intr•oduced the following r•esolution and moved its adoption: <br />RESOLUTION N0. 87-10-518 - DECLARING THAT <br />DUE TO THE SPECIAL CONDITIONS AND CIRCUMSTANCES <br />THAT EXIST WITH REGARD TO ENCROACHMENT ON LOT 5, <br />BLOCK 1, GERVAIS SHORES 2ND ADDITION AS PRESENTED <br />BY THE PROPERTY OWNER RON FOYT AND HIS ATTORNEY, <br />TNAT COUNCIL HEREQY GRANTS MR. FOYT A SIDEYARD <br />VARIANCE FOR PLACEP4ENT OF HIS HOME AS HE HAD BEEN <br />PLANNING TO CONSTRUCT A HOME ON HIS PROPERTY <br />SUBJECT TO THE FOLLOWING: <br />THAT MR. FOYT FILE A COPY OF NIS PLANS FOR <br />THE HOME WITH THE CITY CLERK TO VERIFY THAT <br />THE HOME IS IN FACT 70 FEET IM blIDTH; <br />2. TNAT MR. FOYT OBTAIN THE WRITTEN CONSENT OF <br />THE OWNER OF LOT 6 FOR THE PLACEMENT OF HIS <br />PROPOSED HOP1E 6JITHIN 6 FEET OF THE SOUTH <br />PROPERTY LINE OF LOT 6; <br />3. THAT MR. FOYT PRESENT A LOT SPLIT SUBDIVISION <br />WITH REGARD TO THE SOUTHERN 10 FEET OF LOT 5 <br />SHOWING CONVEYANCE OF THAT PROPERTY IN FEE <br />TITLE TO THE OWNER OF LOT 4; <br />4. THAT BOTH MR. FOYT AND THE PROPERTY OWNER OF LOT <br />4 SUBP4IT TO THE CITY A GENERAL RELEASE OF <br />LIABILITY OF CLAIM WITH REGARD TO THIS <br />ENCROACNP+IENT ISSUE <br />The for•egoing r•esolution was duly seconded by Mr•. Blesener•. <br />Ayes (4) Fahey, Blesener•, Collova, LaValle. <br />Nays (1) Scalze. <br />Resolution declar•ed adopted. <br />This r•esolution appear~s in Resolution Book No. 18, Pages 547 and 548. <br />Panino's Mayor• opened the public hear•ing with r•egar•d to the r•equest of Mr•. <br />Restaur~ant Steve Ser•tich for• a coriditional use per•mit to oper•ate a r~estaur•ant <br />CUP at 71 P1innesota Avenue. The Mayor• pointed out that the Planner~ has <br /> submitted a r~epor•t r•ecommending appr•oval of the CUP subject to the <br />Agenda r~ecommendations as contained in his r•epor~t. However•, the Planning <br />Item No. 10 <br />Page -16- <br />