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MINUTES <br />CITY COUNCIL <br />SEPTEMBER 27, 1995 <br />REQUESTED BY MR. AND MRS. BOB LEIBEL BASED ON THE <br />RECOMMENDATION OF THE PLANNING COMMISSION AS WELL AS <br />THE CITY PLANNER AS CONTAINED IN I-IIS REPORT DATED <br />AUGUST 4, 1995 <br />The foregoing resolution was duly seconded by Pedersen. <br />Ayes (3) Morelan, Pedersen, Fahey. <br />Nays (2) Scalze, LaValle. Resolution declared adopted. <br />SETBACK Fahey opened the public hearing to consider the <br />VARIANCE - approval of a Variance to allow a setback encroachment <br />MORELAN toward the dedicated easement for the Australian Avenue <br />cul-de-sac for the Steve and Debra Morelan property <br />located at 109 Bluwood Avenue. <br />Morelan reported that he would abstain from discussion <br />and voting on this issue given that it affects his <br />property. <br />Fahey pointed out that the variance was discussed as <br />part of the dedication of easements for the Australian <br />Avenue cul-de-sac. Fahey also noted that a variance <br />approval is only good for one year if the variance is <br />not acted upon. Fahey suggested that a statement be <br />placed on the deed of the property indicating the <br />existence of the variance. As a result, the Morelan's <br />would not have to request an extension of the approval <br />until the variance is finally acted upon. <br />The City Attorney indicated that the Ordinance requires <br />that a Variance be acted upon within a year. <br />Scalze noted that the variance was part of the <br />compromise for the Australian Avenue cul-de-sac. She <br />also noted that requests for extensions have been acted <br />upon by the Council in the past. <br />Morelan stated that his preference is that the variance <br />be perpetual in nature. <br />The City Attorney did not believe that was possible <br />because of the wording of the ordinance. <br />Morelan noted that he has no intention of subdividing <br />his property in the near future. Therefore, he would <br />be requesting an extension of the Variance on an annual <br />basis. Morelan indicated that he would be somewhat <br />confident of the Variance approval if the minutes <br />reflect that it is the Council's intention that the <br />Variance be perpetual in nature. <br />Fahey stated that it was the Council's view that the <br />5 <br />