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MINUTES <br />CITY COUNCIL <br />NOVEMBER 18, 1992 <br />applications require certain procedures to be complied <br />with under the ordinance. <br />Collova pointed out that there is nothing the Council <br />can do, the applications must follow the legal process. <br />Grabrick indicated that he requested a variance 4 years <br />ago and the Planner dropped the ball on that request. <br />Grabrick reported that an attorney indicated to him <br />that if something is not acted upon within a certain <br />period of time, it is implied that it is approved. <br />Scalze asked if Grabrick made application for the <br />variance. <br />Grabrick replied that he never made written application <br />and that he was never given the opportunity to talk to <br />the Planning Commission and City Council. Grabrick <br />reported that the house has existed since 1981 and he <br />is not asking to increase the encroachment. Grabrick <br />again indicated that the Planner dropped the ball on <br />the issue in 1988, and stated that he never made formal <br />application for the variance since he was out of town <br />frequently. <br />The City Attorney again pointed out that the City must <br />follow the legal process in this matter. <br />Grabrick asked if the time frame could be accelerated. <br />Grabrick pointed out that over the past four years the <br />rules have not been enforced as far as his neighbor was <br />concerned. Grabrick took issue with the fact that <br />rules are being enforced for him, but not his neighbor. <br />The City Administrator stated that he has a problem <br />with the statement that the City Planner dropped the <br />ball in 1988. The Administrator pointed out that Mr. <br />Grabrick was aware that the matter was not scheduled <br />for consideration by the City Planner and City Council, <br />and it was his responsibility to pursue the matter <br />through the formal application process. Mr. Grabrick <br />did not do this. The Administrator pointed out that <br />the City has not forced Mr. Grabrick into a late <br />construction season since he has been aware of the <br />situation for some time and could have acted sooner. <br />Grabrick raised some concerns with filling that his <br />neighbor has done. <br />LaValle pointed out that the issue tonight is the <br />Grabrick variance and conditional use permit <br />application. <br />Page 24 <br />