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MINUTES <br />CITY COUNCIL <br />AUGUST 28, 1996 <br />get something through. <br />Fahey indicated it appears mistakes were made on both <br />sides. Fahey agreed there was no justification for <br />approving a variance since the only hardship is <br />economic. Fahey suggested the Council approve staff's <br />recommendation to assist Mr. Thorp in relocating the <br />concrete slab for the shed in a location which complies <br />with setback requirements. <br />Thorp indicated that this would place the shed in the <br />middle of his back yard. <br />Fahey replied that Mr. Thorp may choose not to have a <br />shed under those circumstances. However, that decision <br />would not deny Mr. Thorp any privileges everyone else <br />has. Fahey did not feel Mr. Thorp should be <br />disadvantaged for the cost of the slab, but it is his <br />decision whether he wants to move the shed or take it <br />down. Fahey also pointed out there is concern that Mr. <br />Thorp operates a business from his home and the shed <br />will be used for the storage of materials associated <br />with running his lawn care business. A special use <br />permit is required for this type of home occupation. <br />Thorp replied that he is using the shed for storage of <br />his children's bikes and woodworking equipment. Thorp <br />reported he would have electricity in the shed, and was <br />concerned that children would dig up the buried <br />electrical wires if the shed was relocated to his <br />backyard. <br />Fahey stated that he was sorry the building permit for <br />the shed was issued in error. However, if the City <br />granted a variance to allow the shed to encroach in the <br />side yard setback, it would be hard-pressed to deny <br />another property owner makinq the same request. Fahey <br />suggested if the Council was inclined to allow the shed <br />to remain, then the Code should be amended to allow a <br />10-foot setback for a shed on a corner lot. Fahey <br />pointed out that the reason for the 30-foot required <br />setback on a corner lot is to preserve site lines down <br />the street. Fahey felt there was no compelling reason <br />to grant this variance request. <br />Morelan agreed, and felt the shed looked out of place <br />encroaching into the side yard setback. Morelan felt <br />staff made a mistake in this instance, therefore, the <br />City should move the shed at no expense to Mr. Thorp <br />and take out the existing slab. <br />5 <br />