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MINUTES <br />CITY COUNCIL <br />AUGUST 23, 1995 <br />there were stipulations placed on the property. Scalze <br />suggested there might have been a requirement for how <br />far back the house could be placed. <br />Pedersen pointed out the Novak's ability to place a <br />structure 10 feet from this shared property line. <br />Pedersen asked why the Leibel's shouldn't have this <br />same right. <br />Fahey pointed out that the line is the Novak's rear lot <br />line. Fahey asked what would be considered the <br />Leibel's rear lot line. <br />Pedersen questioned the logic of allowing one property <br />owner the right to build 10 feet from a property line, <br />but the adjacent neighbor would not have this same <br />right. Pedersen pointed out that the Novak~s oppose <br />the Leibel's proposed garage location because it will <br />interfere with their view. However, the Novak's could <br />come in tomorrow and place a similar structure 10 feet <br />from the property line and affect the Leibel's view. <br />Fahey pointed out that the purpose of the CUP was to <br />give the City control over situations like this where <br />placement of an accessory building would have a <br />detrimental impact on neighbors. <br />Morelan pointed out that if the access to the Leibel <br />property were from the south, this would be considered <br />their rear property line and they would have the <br />ability to do what they are proposing. <br />Scalze pointed out that this is not a first garage, but <br />a second garage. Therefore, a CUP is required and <br />consideration is given to what exists in a <br />neighborhood. <br />Fahey asked if the City Attorney had a chance to look <br />at the ordinance, and if the ordinance does give the <br />Leibel's two rear property lines. <br />The City Planner stated that if the Council believes a <br />shared property line should be treated similarly for <br />setback purposes, the proposal should be approved. <br />Scalze questioned the logic in granting more property <br />rights to a lot with an unusual configuration than a <br />typical rectangular lot. <br />Fahey pointed out that the Leibel's proposal has a <br />significant impact on the Novak property. The Leibel's <br />have a large lot and there are other locations on the <br />5 <br />