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MINUTES <br />CITY COUNCIL <br />SEPTEMBER 25, 1996 <br />reported he added stairs to the deck. Jebens also <br />presented a notarized statement from the property owner <br />behind his home indicating that she did not object to <br />the variance being granted. Jebens also presented a <br />diagram of another home in Little Canada which has a <br />porch, and pointed out it appears the porch encroaches <br />into the required rear yard. Jebens pointed out that <br />this lot has an unusual shape, and he is using this as <br />a point of reference given his property also has an <br />unusual shape. <br />Jebens indicated he would like to respond to conditions <br />which must be present in order for the City to consider <br />a variance request as listed in the City Planner's <br />report. The first deals with topography, area or shape <br />of the property. Jebens referred to the placement of <br />his house on the lot, which leaves only 37 feet of rear <br />yard. Jebens indicated that when the Council approved <br />the plat of the Aspen Grove Addition some 10 years ago, <br />he was not sure a cul-de-sac was required at the bend <br />in the Aspen Circle, or if a turn in the road would <br />have been sufficient. Jebens stated that if the City <br />required a cul-de-sac, it was definitely out of his <br />control as to where the house was situated on the lot. <br />In response to the second condition, Jebens pointed out <br />that his property is shallow. Also, the property is <br />sloped, therefore, cannot be used for a swing, swimming <br />pool, etc. Only the side yard is level enough to be <br />used. Jebens pointed out that none of these conditions <br />are economic in nature. <br />Jebens felt not approving the variance would deprive <br />him of rights other property owners have enjoyed. <br />Jebens also felt granting the variance would not given <br />him any special privilege. Jebens stated that without <br />the variance he was not able to make reasonable use of <br />his property and would be denied a right other property <br />owners in his neighborhood have. <br />Fahey pointed out other property owners have been able <br />to add porches to their homes without need for a <br />variance. <br />Jebens pointed out the deck already exists. He was <br />just looking for approval to enclose the deck and make <br />it a three-season porch. The backyard is unusable <br />because of the slope. Jebens felt his request would <br />not diminish property values in the neighborhood. <br />Jebens felt most of his neighbors would be adding <br />porches, and his house would look out-of-place. Jebens <br />stated that he is only asking for the same rights and <br />2 <br />