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MINUTES <br />CITY COUNCIL <br />AUGUST 28, 1996 <br />Mr. LaValle introduced the following resolution and <br />moved its adoption: <br />RESOLUTION N0. 96-8-197 - APPROVING THE CONDITIONAL USE <br />PERMIT FOR USED CAR SALES OFFICE AT BEST AUTO & TIRE~ <br />3011 COUNTRY DRIVE SUBJECT TO COMPLIANCE WITH THE <br />RECOMMENDATIONS OF THE CITY PLANNER AS CONTAINED IN HIS <br />REPORT DATED AUGUST 5, 1996, AND SUBJECT TO TI-IE <br />RESTRICTION OF NO BALLOONS, SALES SIGNS, BANNERS, <br />FLAGS, LIGIiTS, ETC. ASSOCIATED WITH THE USED CAR SALES <br />OFFICE <br />The foregoing resolution was duly seconded by Morelan. <br />Ayes (5) LaValle, Morelan, Pedersen, Fahey, Scalze. <br />Nays (0). Resolution declared adopted. <br />VARIANCE Fahey opened the public hearing to consider an <br />FOR SIDE application for a Variance from the required side yard <br />YARD setback of 30 feet on a corner lot as requested by Mr. <br />SETBACK- Richard Thorp at 470 Costa Lane. The Planning <br />470 COSTA Commission recommended approval of the Variance due to <br />LANE the fact the City made an error in issuing the building <br />permit for the shed which is encroaching into the side <br />yard setback. <br />Scalze stated that in reviewing the details of the <br />situation, she believed it was the applicant's place to <br />inform City staff that his lot was a corner lot. <br />Scalze agreed a building permit should not have been <br />issued without a site plan, however. Scalze pointed <br />out that staff did not have all the information it <br />needed to handle the application correctly. <br />Richard Thorp, 470 Costa Lane, reported that he told <br />City staff over and over again his property was a <br />corner lot. <br />Pedersen pointed out that staff could have looked at a <br />site plan to verify the location of the Thorp property. <br />Scalze agreed, but pointed out that Mr. Thorp should <br />have submitted a site plan. <br />Fahey indicated that building permits should not be <br />issued without site plan. <br />Scalze stated that she had a problem approving a <br />variance on the basis that a mistake was made. Scalze <br />suggested this may send a message to applicants to try <br />to entice City staff to make errors in order to try and <br />4 <br />