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MINUTES <br />CITY COUNCIL <br />MARCA 8, 1995 <br />Subdivision Ordinance, but is defined in the Zoning <br />Ordinance within the City Code. In this section, four <br />affirmative votes are needed to approve a variance. <br />Another section of the Subdivision Ordinance requires <br />only a simple majority of the Council to pass a <br />variance to that Ordinance. The City Attorney <br />recommended that the Council amend the Subdivision <br />Ordinance to provide for either three or four <br />affirmative votes of the Council in passing variances. <br />Fahey asked if general subdivision requirements called <br />for a simple majority, while variances from subdivision <br />requirements required a weighted majority. <br />The City Attorney did not believe this was the case. <br />Scalze pointed out that one of the conditions to <br />warrant granting variances of the Subdivision Code is <br />consideration of existing conditions of a neighborhood. <br />Fahey asked which Code dealt with variances of lot <br />sizes. <br />The City Attorney replied that lot sizes were addressed <br />by the Zoning Code. The Attorney pointed out that this <br />question has arisen due to a question about road right- <br />of-way width and length of cul-de-sacs. Both of these <br />issues are addressed by the Subdivision Code. Again, <br />there are conflicting provisions in the Subdivision <br />Code, one provision requiring a weighted majority, and <br />the other a simple majority. <br />Scalze felt that this was an awkward time to address <br />the conflict, given the Jackson Street road/Australian <br />cul-de-sac issue before the Council. <br />Fahey felt the conflict should be clarified now before <br />the Council acts on the road/cul-de-sac issue. <br />The City Attorney pointed out that there is a conflict <br />in the Subdivision Ordinance, therefore, no answer on <br />the vote it would take to approve a variance to the <br />ordinance is possible. The sections in conflict are <br />1010.010 C and 1010.020 M. Section 922.020 I addresses <br />the vote issue for the Zoning Ordinance. <br />Pedersen asked if the City Council is acting as a Board <br />of Adjustment & Appeals on a right-of-way issue. <br />5 <br />