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MINUTES <br />CITY COUNCIL <br />AUGUST 23, 1995 <br />property to place the second garage without impacting <br />the Novak's. Fahey pointed out that the Novak's have <br />submitted two letters from realtors stating the <br />proposed garage location would impact their property <br />value. This is one of the criteria by which a CUP must <br />be evaluated. Fahey stated when the CUP criteria was <br />adopted, the intent was to ensure that property owners <br />could not place structures which would be detrimental <br />to other property owners. Fahey stated he could not <br />support the proposal given there are other areas on the <br />property that would have a lesser impact on the <br />Novak's. Fahey also stated he could not engage in the <br />gymnastics of calling this area of the Leibel property <br />the rear yard. <br />Leibel pointed out that he improved the condition of <br />the area when he constructed his house. Leibel also <br />stated if the Novak's wanted to protect their view, <br />they could have purchased this property. Leibel <br />pointed out that the Novak's already have a shed near <br />this property line, and he was asking to be able to do <br />what the Novak's have done. <br />Scalze pointed out the Novak's would not be allowed to <br />put a garage in their front yard. <br />Pedersen felt denying the request would be givinq the <br />Novak's extra-ordinary protection that is not given to <br />anyone else. Pedersen stated the Novak's are facing <br />what everyone in the City faces. <br />Scalze noted the situation has arisen because the <br />Leibel's have an odd-shaped lot. <br />Leibel again stated that the property is in better <br />condition than it was before he built his home. Leibel <br />pointed out he could store everything he planned to <br />store in the garage in this same area, and the Novak's <br />would have to look at the equipment rather than a <br />structure. <br />Fahey pointed out the Conditional Use Permit criteria <br />which must be met, and the fact that the Council has <br />two letters from realtors stating that the garage would <br />depreciate the Novak property. <br />Morelan stated that the letters say depreciation might <br />occur and the Burnett letter states the garage may <br />affect the sale of the property. <br />Novak asked if anyone could guarantee that the garage <br />would not depreciate his property. Novak reported that <br />6 <br />