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MINiI'i'ES <br />CITY COUNCIL <br />AUGUST 23, 1995 <br />The Planner pointed out the irregular shape of the <br />Leibel lot. Under the ordinance, the neighboring <br />property line is used to make a determination. The <br />Planner pointed out that the area where the garage is <br />proposed abuts the Novak property~s rear yard. The <br />Novak's would be able to place a detached accessory <br />building 10 feet from their rear property line; <br />therefore, the adjacent property owner would have the <br />same ability. <br />Fahey asked for examples of where this has occurred <br />when all the homes face the same direction. Fahey <br />pointed out that the Leibel~s are proposing this <br />location for the garage, and it appears that staff has <br />come up with a constructive way to allow the proposal. <br />Fahey stated that he is puzzled by what appears to be a <br />strange application of the ordinance. Fahey stated <br />that he can look at the Leibel property and determine <br />where the front, side and back yards are. Fahey did <br />not believe the City should allow the placement of <br />accessory buildings in a location that is detrimental <br />to the neighborhood. The purpose of a CUP is to <br />respect the rights of other property owners. Fahey <br />felt it was possible to locate the garage in a way that <br />would respect the rights of the Novak's. <br />The City Planner stated that the ordinance treats the <br />first 30 feet of a property as the front yard. The <br />question is how far back should the definition of a <br />front yard be carried. The Planner agreed that one of <br />the purposes of a Conditional Use Permit is to evaluate <br />unusual conditions which might exist. <br />Fahey disagreed with the interpretation that only the <br />first 30 feet of the Leibel property was the front <br />yard. <br />The Planner replied that in unusual situations like <br />this, the use of the neighboring property line is <br />considered. <br />Morelan stated that he can follow the logic of both <br />arguments. Morelan stated that he looked at the Code <br />and it does say that the first 30 feet is considered <br />the front yard. What the Planner is saying is that <br />consideration is given to the adjoininq property line. <br />This adjoining line is the rear line for the Novak's. <br />Therefore, they have the ability to place an accessory <br />building 10 feet from that line. The argument is that <br />the Leibel's should have that same ability. <br />Scalze pointed out that when the Leibel lot was created <br />4 <br />